Terms of Service

These Terms of Service ("Terms") form a binding agreement between you and EmailFlow AI and govern your access to and use of the Service. Please read them carefully. They include important provisions that limit our liability, disclaim warranties, and govern how disputes are resolved.

In these Terms, "EmailFlow AI", "we", "us", and "our" refer to EmailFlow AI and its affiliates; "you" and "your" refer to the person or entity using the Service. If you are entering into these Terms on behalf of an organization, you represent that you have the authority to bind that organization, and "you" refers to that organization. By creating an account, accessing, or using the Service, you agree to these Terms, our Acceptable Use Policy, and our Privacy Policy, each of which is incorporated by reference. If you do not agree, do not use the Service.

1. Eligibility and accounts

You must be at least 18 years old and able to form a legally binding contract to use the Service. You agree to provide accurate, current, and complete registration information and to keep it updated. You are responsible for safeguarding your account credentials, for enabling available security features, and for all activity that occurs under your account, whether or not authorized by you. You must notify us promptly at security@emailflow.ai of any unauthorized use or suspected breach. We are not liable for losses arising from unauthorized use of your account that results from your failure to maintain the confidentiality of your credentials.

2. The Service

The Service is a hosted, AI-assisted email marketing platform that lets you design, generate, send, automate, and analyze email campaigns, manage contact lists, and use related tools. We may add, modify, or remove features, and we may impose or change usage limits, at any time. We grant you a limited, non-exclusive, non-transferable, revocable right to access and use the Service in accordance with these Terms and your subscription plan.

3. Acceptable use

Your use of the Service must at all times comply with our Acceptable Use Policy, which is incorporated into and forms part of these Terms. Among other things, you may only send email to recipients who have given you permission to contact them, and you must not send unsolicited bulk email ("spam"). Violations of the Acceptable Use Policy are violations of these Terms.

4. Plans, quotas, and fees

• Paid subscriptions are billed in advance on a recurring basis (monthly or annually, as selected) and automatically renew for successive periods of the same length until canceled.
• Each plan includes the limits and allowances described on our Pricing page, which may include monthly email-send volumes, contact limits, and AI-token allowances. If you exceed your plan's limits, we may require an upgrade, apply overage charges where disclosed, or throttle or pause certain functions.
• Fees are stated exclusive of taxes. You are responsible for all applicable taxes, duties, and similar charges, other than taxes on our net income.
• You authorize us and our payment processors to charge your payment method for all fees as they become due. If a charge fails, we may retry and may suspend the Service until payment is received.
• Fees are non-refundable except where expressly stated or required by law. Canceling does not entitle you to a refund of fees already paid, and we do not provide refunds or credits for partial periods, unused allowances, or downgrades.
• We may change our prices or introduce new charges. We will provide reasonable advance notice of price increases, which take effect on your next billing period after the notice.

5. Free plans and trials

We may offer free plans or trial periods. Free and trial access is provided on the same "as is" basis as paid access and may have reduced limits and features. We may modify or discontinue free plans and trials at any time. If a trial converts to a paid plan, the applicable fees will begin at the end of the trial unless you cancel beforehand.

6. AI features

The Service includes features that use artificial intelligence to generate and edit content such as emails, subject lines, images, and automations. You acknowledge that AI output is probabilistic and may be inaccurate, incomplete, biased, offensive, or otherwise unexpected, and may not be unique to you. You are solely responsible for reviewing, editing, and approving all AI output before you use or send it, and for ensuring that your use complies with applicable law, third-party rights, and these Terms. AI usage consumes tokens or credits from your plan's allotment. We do not warrant that AI output is accurate, fit for any purpose, or free of third-party rights, and you use it at your own risk.

7. Your content

As between you and us, you retain all right, title, and interest in and to the Content you create, upload, or generate, and the contact data you import ("Customer Content"). You grant us a worldwide, non-exclusive, royalty-free license to host, store, copy, transmit, display, and process Customer Content solely as necessary to provide, secure, and support the Service and to fulfill your instructions. You represent and warrant that you own or have all rights, consents, and permissions necessary to use the Customer Content and to send email to your contacts, and that the Customer Content and your use of it do not violate any law or third-party right. We may remove or disable Content that we believe violates these Terms, the Acceptable Use Policy, or applicable law.

8. Our intellectual property

The Service, including all software, models, designs, user interfaces, documentation, and the templates and assets we provide, and all related intellectual property rights, are owned by EmailFlow AI or its licensors and are protected by intellectual property and other laws. Except for the limited rights expressly granted to you in these Terms, we reserve all rights. You may not copy, modify, distribute, sell, lease, reverse engineer, or create derivative works of any part of the Service, or access the Service to build a competing product, except to the extent these restrictions are prohibited by applicable law.

9. Feedback

If you provide suggestions, ideas, or other feedback about the Service, you grant us a perpetual, irrevocable, worldwide, royalty-free license to use and incorporate that feedback without restriction or obligation to you.

10. Third-party services

The Service may integrate with or rely on third-party products and services that are governed by their own terms. We do not control and are not responsible for third-party services, and your use of them is at your own risk. If a third-party service ceases to be available or changes, we may modify or discontinue the related feature.

11. Privacy and data protection

Our collection and use of personal information is described in our Privacy Policy. Where we process personal information about your contacts on your behalf, we do so as your processor in accordance with our Privacy Policy and, where applicable, a Data Processing Addendum. You are responsible, as the controller of your contact data, for having a lawful basis to collect and email your contacts and for honoring their privacy rights.

12. Confidentiality

Each party may have access to the other's non-public information that is designated confidential or that reasonably should be understood to be confidential ("Confidential Information"). The receiving party will protect the disclosing party's Confidential Information with reasonable care, use it only to perform under these Terms, and not disclose it except to those who need to know it and are bound by similar obligations, or as required by law.

13. Suspension and termination

We may suspend or terminate your access to all or part of the Service, with or without notice, if: (a) you breach these Terms or the Acceptable Use Policy; (b) your use poses a security, legal, deliverability, or reputational risk to us or others; (c) you fail to pay fees when due; or (d) we are required to do so by law. You may cancel your subscription at any time through your account settings. Upon termination or expiration, your right to use the Service ends immediately, and we may delete your Content in accordance with our Privacy Policy. Provisions that by their nature should survive termination — including ownership, disclaimers, limitations of liability, indemnification, and dispute resolution — will survive.

14. Export and sanctions compliance

You represent that you are not located in, and will not use the Service in or for the benefit of, any country or party subject to applicable trade sanctions or export-control restrictions, and that you will comply with all applicable export-control and sanctions laws.

15. Beta features

We may offer features identified as beta, preview, early access, or experimental. These features are provided for evaluation, may be changed or withdrawn at any time, and are provided "as is" without any warranty or support commitment. We may exclude beta features from any availability or support commitments.

16. Disclaimers of warranties

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE, INCLUDING ALL SOFTWARE, AI FEATURES, TEMPLATES, CONTENT, AND DELIVERABLES, IS PROVIDED "AS IS" AND "AS AVAILABLE," WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. WE EXPRESSLY DISCLAIM ALL WARRANTIES, CONDITIONS, AND REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; THAT THE SERVICE OR ANY SERVERS ARE FREE OF HARMFUL COMPONENTS; OR THAT ANY PARTICULAR DELIVERABILITY, OPEN RATE, INBOX PLACEMENT, REVENUE, OR OTHER RESULT WILL BE ACHIEVED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM US OR THROUGH THE SERVICE, CREATES ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

17. Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL EMAILFLOW AI OR ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, GOODWILL, DATA, OR BUSINESS, OR FOR THE COST OF SUBSTITUTE SERVICES, ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE. TO THE FULLEST EXTENT PERMITTED BY LAW, OUR TOTAL CUMULATIVE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU ACTUALLY PAID US FOR THE SERVICE IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS (US$100). THE LIMITATIONS IN THIS SECTION APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND ALLOCATE THE RISKS BETWEEN THE PARTIES; THE PRICING REFLECTS THIS ALLOCATION. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.

18. Indemnification

You will defend, indemnify, and hold harmless EmailFlow AI and its affiliates, officers, directors, employees, and agents from and against any claims, damages, liabilities, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your Content; (b) your use of the Service; (c) your violation of these Terms, the Acceptable Use Policy, or applicable law; (d) your emails or your relationship with your contacts; or (e) your infringement or misappropriation of any third-party right. We will provide you reasonable notice of the claim and may participate in the defense with our own counsel at our expense.

19. Governing law and dispute resolution

These Terms are governed by the laws of the jurisdiction in which EmailFlow AI is established, without regard to its conflict-of-laws principles, and the United Nations Convention on Contracts for the International Sale of Goods does not apply. Except where prohibited by law, the parties will first attempt to resolve any dispute informally by contacting legal@emailflow.ai. Any dispute that cannot be resolved informally will be subject to the exclusive jurisdiction of the courts located in that jurisdiction, and you consent to personal jurisdiction there, except that either party may seek injunctive relief in any court of competent jurisdiction to protect its intellectual property or Confidential Information. To the extent permitted by law, any claim must be brought within one (1) year after it arises.

20. Force majeure

We will not be liable for any delay or failure to perform resulting from causes beyond our reasonable control, including acts of God, natural disasters, war, terrorism, civil unrest, labor disputes, governmental action, network or power failures, denial-of-service attacks, or failures of third-party providers or telecommunications.

21. Changes to the Service or these Terms

We may modify the Service or these Terms at any time. If we make material changes to these Terms, we will provide notice by posting the updated Terms with a new "Last updated" date and, where appropriate, by additional means such as email or an in-app notice. Changes become effective when posted unless otherwise stated. Your continued use of the Service after the changes take effect constitutes your acceptance of the revised Terms. If you do not agree to the changes, you must stop using the Service.

22. General

• Entire agreement. These Terms, together with the Acceptable Use Policy, the Privacy Policy, and any order or plan you select, constitute the entire agreement between you and us regarding the Service and supersede all prior agreements on that subject.
• Severability. If any provision is held unenforceable, it will be limited or severed to the minimum extent necessary, and the remaining provisions will remain in full force.
• No waiver. Our failure to enforce any provision is not a waiver of our right to do so later.
• Assignment. You may not assign or transfer these Terms without our prior written consent; we may assign these Terms in connection with a merger, acquisition, or sale of assets. These Terms bind permitted successors and assigns.
• No third-party beneficiaries. These Terms do not create any third-party beneficiary rights.
• Relationship. The parties are independent contractors; these Terms do not create any partnership, joint venture, agency, or employment relationship.
• Notices. We may provide notices to you by email, through the Service, or by posting on our website. You may send notices to us at legal@emailflow.ai.

23. Contact

Questions about these Terms can be sent to legal@emailflow.ai.