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Gloria AI™ – Terms Policy

Published on 07/28/2023

1. Introduction

Welcome to “Gloria AI™” Platform! Please carefully read the following page. It won’t take you too much.

Definitions

Gloria AI™”, “we”, “our”, “us” refer to: Webtronic Labs LLC along with Webtronic subsidiaries and affiliates, their respective directors, officers, employees, licensees, contractors, attorneys, agents, successors, and assigns.

User”, “you” or “your” is either: i) a registered business that visits our website or uses any product or service made available through the Platform (term defined below) including the business’ respective directors, officers, employees, licensees, contractors, attorneys, agents, successors and assigns (“Business Customer”); or ii) a private individual that visits our website or uses any products or service made available through the Platform (“Consumer”).

Agreement to this Terms of Service

These Terms of Service (“Terms”) govern your use of our web pages located at https://iamgloria.com (the “Site”), services and products accessible through the Site (“Services”), and the associated web-based software provided by Gloria AI™ (“Software”). The Site, the Services, and the Software are jointly referred to as the “Platform”. Our Privacy Policy, available at https://iamgloria.com/en/privacy-policy/, explains how we collect, safeguard, and disclose information that results from your use of the Platform.

By accessing and using the Platform you acknowledge that you have read and understood the Terms and our Privacy Policy, and agree to be bound by them. If you do not agree with (or cannot comply with) the above, then you may not use (and must immediately stop using) the Platform. These Terms apply to all visitors, Users, and others who wish to access or use the Platform.

2. No Use By Minors

The Platform is intended for access and use by individuals who are at least sixteen (16) years old.

By accessing or using the Platform, you confirm and represent that you are at least sixteen (16) years of age, and you possess the full authority, right, and capacity to enter into this agreement and comply with all the terms and conditions outlined in these Terms. If you are under sixteen (16) years old, you are strictly prohibited from accessing and using the Platform. Please discontinue your use of the Platform immediately.

We shall not be held liable if an individual under the age of sixteen (16) (referred to as the “Minor“) uses our Platform without obtaining express consent from their parents, misrepresents their age as being older than sixteen (16), deceives us, or violates these Terms and our Privacy Policies. The Minor’s parents or legal guardian shall hold us harmless from any consequences arising from the Minor’s access and use of the Platform.

3. Communications

By registering on our Platform, you consent to grant us permission to use your email address for important Service communications, which may include password resets, purchase confirmations, and data breach warnings. Additionally, we may send you marketing emails providing information about the Services, such as content creation tips, introductions to new features, and promotions. You have the option to opt out of receiving marketing emails by accessing your account settings on the Platform or by clicking the unsubscribe link in the emails you receive. We will not send you marketing emails regarding third-party products or services without obtaining your explicit prior consent.
To learn more about how we protect your privacy, please review our Privacy Policy available at https://iamgloria.com/en/privacy-policy/.

4. Purchases

If you intend to make a purchase (“Purchase“) of any product or service available through the Platform, you may be required to provide certain information that is relevant to your Purchase, including but not limited to your credit card number, credit card expiration date, and billing address.

You represent and warrant that: (i) you have the legal right to use any credit card(s) or payment method(s) you provide for the Purchase, and (ii) the information you provide to us is true, accurate, and complete.

To facilitate payment and complete your Purchase, we may use third-party services. By submitting your payment information, you acknowledge that we may share this information with third parties, subject to our Privacy Policy.

Your Purchase is considered confirmed only when you receive a confirmation email from us. However, we reserve the right to reject your Purchase if the product or service is unavailable, or if there is suspicion of fraud or an unauthorized or illegal transaction.

All prices displayed on the Platform are denominated in USD as the standard currency. We may choose to display prices in the currency determined by Gloria AI™ to be your local currency. Prices shown to consumers include applicable sales taxes based on the prevailing rates.

5. Contests, Sweepstakes, and Promotions

Any contests, sweepstakes, or other promotions (collectively, “Promotions”) made available through the Platform may be governed by rules that are separate from these Terms. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms, the rules governing the Promotion will prevail.

6. Subscriptions

Certain Services may require payment. Paid Services are typically provided through recurring subscriptions (“Subscriptions“), but we may also offer them for a fixed term (“Fixed Term“) or as one-time payment (“One-Time“). Payment for Fixed Term Services is made according to separately agreed-upon payment terms. Subscription payment terms do not apply to Fixed Term Services unless otherwise agreed. If you are interested in Fixed Term Services, please contact us using the designated contact email specified in these Terms and our Privacy Policies. Subscriptions are billed in advance on a recurring and periodic basis (“Billing Cycle“). The applicable Billing Cycle will be presented to you during the check-out process.

Upon the conclusion of each Billing Cycle, your Subscription will automatically renew unless either you or Gloria AI™ cancels it. For annual Subscriptions, we will provide you with notice at least fifteen (15) days in advance of any automatic renewal, giving you the opportunity to cancel. You may cancel your Subscription renewal through your online account management page or by contacting our customer support team.

A valid payment method, such as a credit card, is required to process Subscription and One-Time payments. You must provide accurate and complete billing information to Gloria AI™, including your full name, address, state, zip code, telephone number, VAT number (if applicable), and valid payment method details. By submitting this payment information, you authorize Gloria AI™ to charge all Subscription and One-Time fees incurred through your account to the provided payment instrument. We have the right to correct pricing errors or mistakes even if we have already issued an invoice or received payment.

In the event that automatic billing fails for any reason, Gloria AI™ may (but is not obligated to) issue an electronic invoice, requiring you to manually make the full payment within a specified deadline indicated on the invoice. We reserve the right to terminate your Subscription if we are unable to collect payment (whether automatically or manually). In such cases, we will notify you of the Subscription termination via email.

7. Free Trial

At our discretion, we may offer a Subscription that includes a limited-time free trial (“Free Trial“).

To sign up for a Free Trial, it may be necessary for you to provide your billing information. If you provide your billing information during the Free Trial sign-up, Gloria AI™ will not charge you until the Free Trial period has ended. However, on the last day of the Free Trial period, unless you have canceled your Subscription, the applicable Subscription fees for the selected Subscription type will be automatically charged.

Gloria AI™ reserves the right to (i) modify the terms of any Free Trial offer or (ii) cancel such Free Trial offer at any time prior to the start of your Free Trial period without prior notice.

Creating multiple accounts to take advantage of the Free Trial offered is not allowed. If we suspect that you are not using the Free Trial in a fair manner, we reserve the right to impose regular fees or terminate your access to the Platform.

8. Fee Changes

Gloria AI™, at its sole discretion and at any time, reserves the right to modify Subscription fees for the Subscriptions. We will provide you with a notice of any changes to your Subscription fees at least fifteen (15) days in advance, giving you the opportunity to cancel your Subscription before the revised fees take effect. Any changes to Subscription fees will become effective immediately upon publication or, if you have an active Subscription, at the end of your current Billing Cycle.

By continuing to use a Subscription after a change in Subscription fees takes effect, you agree to pay the revised amount for the Subscription fee.

9. Refunds

If you, as a Consumer, make a Purchase on the Platform, you have the right to request a refund of the Purchase price within fifteen (15) days of the original purchase date. In order to request a refund (referred to as “Solicitation“), you must provide a reason for the refund and contact our service support team. Our team will review the Solicitation and determine if the refund can be granted based on the explanation provided. However, please note that since the Purchase can be used immediately, we reserve the right to issue a pro-rated refund based on the amount of time you have utilized the Purchase before making the refund request.

To initiate a refund request (or partial refund), please contact us using the contact e-mail address specified in our Privacy Policy or the Terms. We will process the refund to the original payment method used for the Purchase as soon as possible, if applicable.

Please be aware that refunds do not apply to Business Customers.

10. Software license and Content

Subject to your compliance with these Terms, and during your active Subscription, Gloria AI™ grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Software. Except as expressly permitted in these Terms, you may not:

  1. Decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the Software;
  2. Make any modification, adaptation, improvement, enhancement, translation, or derivative work from the Software;
  3. Violate any applicable laws, rules, or regulations in connection with your access or use of the Software;
  4. Remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by Gloria AI™ or the licensors of the Software;
  5. Use the Software for any purpose for which it is not designed or intended;
  6. Use the Software for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the Software; or
  7. Distribute, transfer, sublicense, lease, lend or rent the Software to any third party;

Our Platform allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (referred to as “Your Content”), and also allows you to create or generate graphics, videos or other material (referred to as “User Generated Content”).

You are responsible for Your Content and User Generated Content, including its legality, reliability, and appropriateness.

By posting or creating content on or through the Platform, you represent and warrant that: (i) Your Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) the posting of Your Content on or through the Platform does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights or any other rights of any person or entity. We reserve the right to terminate your account in the event you infringe this provision, having to take us harmless of any damages caused to third parties due to this situation.

You retain any and all of your rights to any content you submit, post, display or create on or through the Platform and you are responsible for protecting those rights. We take no responsibility and assume no liability for content you post or create on or through the Platform.

For the purposes of these Terms, “Gloria AI™ Content” refers to all images, text, audio, video data, or any other information found on the Platform or made available through the Platform. Gloria AI™ Content is and will remain the exclusive property of Gloria AI™ and its licensors. Upon creating User Generated Content, Gloria AI™ grants you a limited, revocable, non-exclusive, perpetual, worldwide, royalty-free, transferable, and sub- licensable license to use Gloria AI™ Content within the User Generated Content. However, this license is subject to the requirements outlined in the Acceptable Use Policy and is contingent upon the full payment of applicable Subscription fees. The license may be revoked if there is a breach of the Acceptable Use Policy or non-payment of Subscription fees. Revoking the license for User Generated Content that violates the Acceptable Use Policy will not affect the license for non-violating User Generated Content.

Certain parts of the Gloria AI™ Content are owned or created by third parties and licensed or transferred through Gloria. License or ownership granted by third parties to Gloria AI™ will not restrict the licenses provided herein. Gloria AI™ shall only offer third-party content that can be licensed to you entirely in accordance with the license terms specified herein.

Gloria AI™ has the right but not the obligation to monitor and edit all content submitted by users on the Platform.

By uploading or creating content on or through the Platform, you grant Gloria AI™ a free-of- charge, non-exclusive, perpetual, transferable, royalty-free, irrevocable, worldwide license to utilize the content for internal research and development purposes and/or to enhance the Platform and any other Gloria AI™ technology. If the content includes personal information about individuals, the handling of such information will be governed by our Privacy Policy or other individual agreement.

You are responsible for ensuring that Your Content complies with all applicable legislation and regulatory requirements regarding the use of personal data contained within Your Content. This includes but is not limited to, data protection laws in force in the United States. You must collect and process the personal data of individuals featured in the content in accordance with all relevant laws, including obtaining any necessary consents or approvals required for Gloria AI™ to provide the Platform.
It is solely your responsibility to secure and create backups of Your Content.

11. Prohibited Uses – Acceptable Use Policy

By agreeing to these terms, you acknowledge that you are prohibited from misusing the Platform, Gloria AI™ Content, Your Content, or User Generated Content. Misuse refers to any use, access, or interference with the Platform, Gloria AI™ Content, Your Content, or User Generated Content that goes against these Terms, any other individual agreement between you and Gloria AI™, and applicable laws and regulations. Specifically, you must refrain from the following uses of the Platform, Gloria AI™ Content, Your Content, or User Generated Content:

1. Violating any national or international laws or regulations.
2. Exploiting, harming, or attempting to exploit or harm minors by exposing them to inappropriate content or engaging in any harmful activities.
3. Engaging in adult entertainment or sharing incriminating content.
4. Impersonating Gloria AI™, a Gloria AI™ employee, or any other person or entity.
5. Infringing upon the rights of others or engaging in behavior that is obscene, defamatory, immoral, insulting, threatening, fraudulent, bullying, discriminatory, or harmful.
6. Conducting any activities that interfere with the security features of the Platform or that restrict or inhibit the use or enjoyment of the Platform by others. Additionally, any activities that may harm or offend Gloria AI™, or other users of the Platform, or expose them to liability, as reasonably determined by Gloria AI™, are prohibited.
7. Using any robot, spider, or other automated devices, processes, or means without explicit consent from Gloria AI™ via Gloria AI™ API to access the Platform, including monitoring or copying any material on the Platform.
8. Taking any actions that may damage or manipulate Gloria AI™’s ratings or reputation.

Please note that the Stock Avatars available on the Platform, which are not specifically created for you, bear a resemblance to real people. In order to comply with licensing terms and protect the rights and reputation of the actors, additional restrictions apply. Along with the general restrictions mentioned above, you agree not to use any Stock Avatars without explicit written consent from Gloria AI™:
1. In User Generated Content intended for TV broadcasting.
2. In User Generated Content for “promoted,” “boosted,” or “paid” advertising on any social media platform or similar media.
3. In User Generated Content used as non-fungible tokens (NFTs) or similar.
4. Transmitting or procuring the sending of any advertising or promotional material,
including “junk mail,” “chain letters,” “spam,” or any similar solicitations.
5. Portraying Stock Avatars in User Generated Content in an offensive manner, such as depicting them suffering from or medicating for any medical condition, including addiction.
6. Portraying Stock Avatars in User Generated Content alongside or in connection with regulated or age-inappropriate goods or services, including but not limited to alcohol, tobacco, nicotine (including vaping products), psychoactive substances, firearms, gambling, contraceptives, sex toys, escort services, dating services, adult entertainment venues, and similar.
7. In User Generated Content where Stock Avatars make statements of opinion, expressing personal preferences or experiences as if they are the preferences or experiences of the Stock Avatar.
8. In User Generated Content where Stock Avatars make statements of fact regarding religion, politics, race, gender, sexuality, or other sensitive topics known to impact certain demographics.
9. Creating trademarks, design marks, service marks, or other protected or registrable rights using Stock Avatars.

Gloria AI™ may, at its discretion, monitor User Generated Content for violations of the Acceptable Use Policy. If User Generated Content is flagged automatically for a potential violation, it may undergo manual review or be automatically rejected. Gloria AI™ has the full discretion to determine whether User Generated Content violates this Acceptable Use Policy and rejects any content creation requests. If any User Generated Content is found to be in violation of this policy after its creation, you are required to promptly delete, cease distribution, and recall the infringing content from both online and offline platforms. In the event of a breach of the Acceptable Use Policy, we reserve the right to immediately terminate your access to the Platform.

12. Confidential Information

“Confidential Information” refers to the specific terms and conditions of the Agreements and any non-public technical or business information that is disclosed by one party to the other. This includes information related to techniques, algorithms, know-how, products, services, research, engineering, designs, finances, procurement requirements, manufacturing, customer lists, business forecasts, marketing plans, and any other information that is marked as confidential or that the receiving party knows or should reasonably know to be confidential.

Both Gloria AI™ and the User are obligated to use the other party’s Confidential Information only for the purpose of fulfilling their obligations under the Agreements. They must not use or disclose such information during or after the termination of their relationship. Confidential Information may only be disclosed to individuals or entities who need to know the information to fulfill their obligations under the Agreements. These obligations will remain in effect indefinitely.

The Agreements do not restrict either Gloria AI™ or the User from disclosing Confidential Information if required to do so by judicial or governmental order (“Required Disclosure”). However, the disclosing party must provide prompt written notice to the other party before making the Required Disclosure. They should also cooperate with the other party if they choose to oppose the disclosure or seek a protective order. The disclosing party should only disclose the specific portion of Confidential Information that is requested by the Required Disclosure.

13. Accounts

By creating an account with us, you affirm that the information you provide is accurate, complete, and up-to-date. If the information is found to be inaccurate, incomplete, or outdated, we reserve the right to immediately terminate your account on the Platform.

You are responsible for maintaining the confidentiality of your account and password. This includes taking measures to restrict access to your device and/or account. You agree to be accountable for all activities or actions that occur under your account and/or password, whether the password is used on our Platform or a third-party service. If you become aware of any security breach or unauthorized use of your account, you must promptly notify us.

When selecting a username, it is strictly prohibited to use the name of another individual or entity without proper legal authorization. Furthermore, you are not allowed to use a name or trademark that is protected by the rights of another person or entity, unless you have obtained the necessary authorization. Additionally, usernames that are offensive, vulgar, or obscene are not permitted.

In the event that you violate these rules, you agree to indemnify and hold us harmless from any liability arising from such violation and any resulting harm caused to third parties.

14. Customer Reference

By accepting our services, you grant Gloria AI™ permission to publicly acknowledge you as a recipient of our services. This includes the use of your name and logo in sales presentations and on the Gloria AI™ website. Additionally, with your prior approval, we may feature your name and logo in our marketing materials and press releases.
Furthermore, we may request your approval to create a brief customer profile that will be used for promotional purposes on any websites owned and/or controlled by Gloria AI™ or its affiliates. This profile will be developed in accordance with your preferences and requirements.

15. Error Reporting and Feedback

You may provide us directly at support@staging.iamgloria.com with information and feedback concerning errors, suggestions for improvements, ideas, problems, complaints, and other matters related to our Platform (“Feedback”).

You acknowledge and agree that: (i) you shall not retain, acquire or assert any intellectual property rights or other rights, title, or interest in or to the Feedback; (ii) we may use the Feedback to improve the Platform or any other technology; (iii) we may have developed ideas similar to the Feedback; (iv) the Feedback does not contain confidential information or proprietary information from you or any third party; and (v) we are not under any obligation of confidentiality with respect to the Feedback.

You hereby grant Gloria AI™ and its affiliates an exclusive, transferable, irrevocable, free-of- charge, royalty-free, sub-licensable, unlimited, and perpetual right to use (including copy, modify, create derivative works, publish, distribute, and commercialize) the Feedback in any manner and for any purpose.

16. Links To Other Web Sites

Our Platform may include links to websites or services that are operated by third parties not affiliated with Gloria AI™.

Please note that Gloria AI™ does not have control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. We do not endorse or warrant the offerings of any such entities or individuals, nor the content available through their websites or services.

By using our Platform, you acknowledge and agree that Gloria AI™ is not responsible or liable for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, goods, or services available through these third- party websites or services.

We strongly encourage you to review the terms of service and privacy policies of any third-party websites or services that you visit.

It is important to exercise caution and make informed decisions when interacting with external websites or services, as they operate under their own terms and conditions.

17. Disclaimer of Warranty

Our Platform and the content provided therein are offered by Gloria AI™ on an “as is” and “as available” basis. Gloria AI™ does not make any representations or warranties of any kind, whether express or implied, regarding the operation of the service or the information, content, or materials included therein. By using the service and accessing any content, you expressly agree that you do so at your own risk.

To the extent permitted by applicable law, Gloria AI™ does not warrant or represent the completeness, security, reliability, quality, accuracy, or availability of the Platform. Furthermore, Gloria AI™ does not guarantee that the Platform, its content, or any services or items obtained through the Platform will be accurate, reliable, error-free, or uninterrupted. We do not guarantee that any defects will be corrected, that the Platform or the server making it available is free of viruses or other harmful components, or that the Platform or any services or items obtained through the services will meet your needs or expectations.

Please note that the above disclaimer does not affect any warranties that cannot be excluded or limited under applicable law. If you are a consumer and your habitual residence is in the US, certain consumer laws may not allow the exclusion or limitation of certain warranties. Therefore, some or all of the above exclusions and limitations may not apply to you.
The fields of artificial intelligence and machine learning are advancing at a rapid pace. Our continuous efforts aim to enhance our Services, making them more accurate, reliable, safe, and advantageous. However, due to the probabilistic nature of machine learning, there may be instances where the use of our Services produces incorrect output that does not precisely represent real individuals, locations, or facts. It is important for you to assess the accuracy of the output based on your specific use case, including incorporating human review of the output as necessary.

18. Liability and Indemnity

To the extent permitted by applicable law, you agree to defend, indemnify, and hold harmless Gloria AI™ and its officers, directors, employees, and agents from any losses, damages, costs, expenses (including legal fees), claims, complaints, demands, actions, suits, proceedings, obligations, and liabilities arising from or relating to your use of the service or breach of these terms. However, Gloria AI™ retains the right to participate in the defense and settlement negotiations of any third-party claim or proceeding with counsel of its own selection, at its sole cost and expense.

The User is responsible for the knowledge base of Gloria AI™ on their profile. If Gloria AI™ provides nonsensical answers or inaccurate information, we are not responsible for it. Additionally, we are not liable for the accuracy of the information, as we utilize third-party services to facilitate natural language conversations. If the third party (such as OpenAI) generates fabricated information, we cannot control that process.

Under no circumstances will Gloria AI™ be liable to you for any indirect, consequential, or incidental damages, including loss of profits, sales, business, revenue, business interruption, anticipated savings, business opportunity, goodwill, or reputation, resulting from your use of the service or any content therein.
Under no circumstances and in no event will Gloria AI™’s total aggregate liability arising from, in connection with, or relating to these terms, the service, or any content therein exceed the greater of the amount of your purchase giving rise to the relevant dispute.

It is important to note that nothing in these terms is intended to exclude or limit our liability to the extent not permitted by applicable law.

19. Termination

In the event of a breach of these Terms, we reserve the right to immediately terminate or suspend your account and deny your access to the Platform. We also have the authority to suspend the automatic renewal of your subscription at any time, without any obligation to provide a reason.

You have the option to discontinue using the Platform at any point. If you decide to terminate your account, please reach out to us. Account termination will be effective at the end of the ongoing Billing Cycle and does not entitle you to a refund unless otherwise stated in the “9. Refund” section.

Upon termination, certain provisions of these Terms will continue to apply, including those related to ownership, warranties, indemnification, and limitations of liability. These provisions are designed to endure even after your account has been terminated.

20. Governing Law

The Agreements and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with them or their subject matter or formation shall be governed by the laws of the United States of America. The courts of Florida shall have exclusive jurisdiction to handle any dispute (including any non-contractual claim or dispute) that has arisen or may arise out of, or in connection with, the Agreements.

21. Changes To Service

We retain the right to modify or discontinue our Service, as well as any services or materials provided through the Platform, at our sole discretion, and without prior notice.

We shall not be held liable if, for any reason, the Platform or any portion of it becomes unavailable at any time or for any duration. Occasionally, we may restrict your access to certain parts of the Platform or the entire Platform.

22. Amendments To Terms

We reserve the right to update or modify these Terms at any time by posting the revised Terms on this website. It is your responsibility to review the Terms periodically. The revised Terms will become effective immediately upon posting unless you have an active Subscription, in which case they will become effective thirty (30) days after posting. If any changes to the Terms significantly impact your rights or obligations, we may notify you of such changes using the email address you provided during registration.
By continuing to access or use our Platform after the revised Terms become effective, you agree to be bound by them. If you do not agree to the revised Terms, you are no longer authorized to use the Platform.

23. Waiver

Gloria AI™’s failure to enforce any provision of these Terms or to assert any right or provision shall not be considered a waiver of that provision or right. The waiver of any term or condition by Gloria AI™ will not be deemed as a waiver of any other term or condition. Each provision and right in these Terms shall remain valid and enforceable unless expressly stated otherwise.

24. Severability

If a court or other tribunal of competent jurisdiction determines that any provision of these Terms is invalid, illegal, or unenforceable, such provision will be modified, eliminated, or limited to the minimum extent necessary to make it valid, legal, and enforceable. The remaining provisions of these Terms will continue to be in full force and effect and will be unaffected by the invalidity, illegality, or unenforceability of any particular provision.

25. Assignment

We have the right to transfer our rights and obligations under these Terms to another organization. If such a transfer occurs, we will notify you in writing and ensure that it does not adversely affect your rights.

You are not permitted to transfer any of your rights and obligations under these Terms to any other individual or entity without obtaining our prior express written consent.

26. Acknowledgement

By utilizing the Service or any other services offered by us, you confirm that you have read these Terms and consent to be legally bound by them.

27. Contact Us

The Platform is operated by Webtronic Labs LLC. Our registered address is 12350 SW, 184th ST, Miami, Florida 33177.
Please send your feedback, comments, and requests for technical support by email at: support@iamgloria.com.