Terms and Conditions of Service

Welcome to EmailFlow.ai (hereinafter referred to as "the Platform", "we", "us", or "our"). These Terms and Conditions of Service (hereinafter referred to as "Terms", "Agreement", or "Terms of Service") govern your access to and use of our website, products, and services. By accessing or using our Platform, you (hereinafter referred to as "User", "you", or "your") signify your unequivocal agreement to these Terms and Conditions and our Privacy Policy. If you do not agree to these Terms in their entirety, you are expressly prohibited from using our services and must immediately cease all usage thereof.

1. Acceptance of Terms

1.1. By accessing or using the Platform in any manner, including but not limited to visiting or browsing the website, you agree to be bound by these Terms, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws.

1.2. If any provision of these Terms is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

1.3. We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will try to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

2. Description of Services

2.1. EmailFlow.ai is a Software as a Service (SaaS) platform that offers a comprehensive suite of tools and services for email marketing, including but not limited to data provision, artificial intelligence-driven content creation, and email delivery services (collectively referred to as "Services").

2.2. We reserve the right to modify, suspend, or discontinue any part of the Services at any time, with or without notice to you. We shall not be liable to you or any third party for any modification, suspension, or discontinuation of the Services.

3. User Accounts and Registration

3.1. To access certain features of the Platform, you may be required to register for an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.

3.2. You are solely responsible for safeguarding the password that you use to access the Platform and for any activities or actions under your password, whether your password is with our Platform or a third-party service.

3.3. You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

4. Use of Services

4.1. You agree to use EmailFlow.ai's Services only for lawful purposes and in accordance with these Terms. You are solely responsible for all activity that occurs under your account.

4.2. You agree not to use the Services:

In any way that violates any applicable federal, state, local, or international law or regulation.
For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way.
To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation.
To impersonate or attempt to impersonate EmailFlow.ai, an EmailFlow.ai employee, another user, or any other person or entity.
To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm EmailFlow.ai or users of the Services or expose them to liability.

5. Intellectual Property Rights

5.1. The Platform and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by EmailFlow.ai, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

5.2. These Terms permit you to use the Platform for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Platform, except as follows:

Your computer may temporarily store copies of such materials incidental to your accessing and viewing those materials.
You may store files that are automatically cached by your Web browser for display enhancement purposes.
You may print or download one copy of a reasonable number of pages of the Platform for your own personal, non-commercial use and not for further reproduction, publication, or distribution.

5.3. You must not:

Modify copies of any materials from this Platform.
Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this Platform.

5.4. If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Platform in breach of the Terms, your right to use the Platform will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Platform or any content on the Platform is transferred to you, and all rights not expressly granted are reserved by EmailFlow.ai.

6. User Content

6.1. The Platform may allow you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material ("User Content"). You are solely responsible for the User Content that you post, upload, publish, or display on or through the Services, or transmit to or share with other users.

6.2. You represent and warrant that:

You own or control all rights in and to the User Content and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns.
All of your User Content does and will comply with these Terms of Service.

6.3. You understand and acknowledge that you are responsible for any User Content you submit or contribute, and you, not EmailFlow.ai, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.

7. Payment Terms

7.1. Certain aspects of the Services may be provided for a fee or other charge. If you elect to use paid aspects of the Services, you agree to the pricing and payment terms, as we may update them from time to time. We may add new services for additional fees and charges, or amend fees and charges for existing services, at any time in our sole discretion.

7.2. You agree to pay all charges at the prices then in effect for your purchases and any applicable shipping fees, and you authorize EmailFlow.ai to charge your chosen payment provider for any such amounts upon placing your order.

7.3. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.

8. Disclaimer of Warranties

8.1. YOUR USE OF THE PLATFORM, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM IS AT YOUR OWN RISK. THE PLATFORM, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER EMAILFLOW.AI NOR ANY PERSON ASSOCIATED WITH EMAILFLOW.AI MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE PLATFORM.

8.2. WITHOUT LIMITING THE FOREGOING, NEITHER EMAILFLOW.AI NOR ANYONE ASSOCIATED WITH EMAILFLOW.AI REPRESENTS OR WARRANTS THAT THE PLATFORM, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR PLATFORM OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE PLATFORM OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

8.3. EMAILFLOW.AI HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

8.4. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

9. Limitation of Liability

9.1. IN NO EVENT WILL EMAILFLOW.AI, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE PLATFORM, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE PLATFORM OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

9.2. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

10. Indemnification

10.1. You agree to defend, indemnify, and hold harmless EmailFlow.ai, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Service or your use of the Platform, including, but not limited to, your User Content, any use of the Platform's content, services, and products other than as expressly authorized in these Terms of Service, or your use of any information obtained from the Platform.

11. Governing Law and Jurisdiction

11.1. These Terms shall be governed by and construed in accordance with the laws of the United States and the State of Delaware, without regard to its conflict of law provisions.

11.2. Any legal suit, action, or proceeding arising out of, or related to, these Terms of Service or the Platform shall be instituted exclusively in the federal courts of the United States or the courts of the State of Delaware, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Service in your country of residence or any other relevant country.

11.3. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

12. Arbitration

12.1. At EmailFlow.ai's sole discretion, it may require you to submit any disputes arising from these Terms of Service or use of the Platform, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Delaware law.

13. Waiver and Severability

13.1. No waiver by EmailFlow.ai of any term or condition set out in these Terms of Service shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of EmailFlow.ai to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision.

13.2. If any provision of these Terms of Service is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Service will continue in full force and effect.

14. Entire Agreement

14.1. The Terms of Service, our Privacy Policy, and any other legal notices published by us on the Platform, constitute the entire agreement between you and EmailFlow.ai regarding the Platform and supersede all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of these Terms of Service.

15. Changes to Terms

15.1. EmailFlow.ai reserves the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

15.2. By continuing to access or use our Platform after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, in whole or in part, please stop using the Platform.

16. Contact Information

16.1. If you have any questions about these Terms, please contact us at legal@emailflow.ai.

By using EmailFlow.ai, you acknowledge that you have read these Terms of Service, understood them, and agree to be bound by them. If you do not agree to these Terms of Service, you are not authorized to use the Platform. We reserve the right to change these Terms of Service at any time, so please review them frequently.