Terms of Use
BY CLICKING “SIGN UP,” OR BY ACCESSING OR USING ANY PART OF THE EMAILANSWERS SERVICE, YOU AGREE TO BE BOUND BY ALL OF THE TERMS OF THIS AGREEMENT, INCLUDING THE ARBITRATION PROVISION IN SECTION 18. IF YOU DO NOT AGREE, DO NOT ACCESS OR USE THE EMAILANSWERS SERVICE.
This Terms of Use Agreement (“Agreement“) is entered into as of the date you first access or use the Service (the “Effective Date“) between EmailAnswers LLC (“EmailAnswers,” “we,” “us,” or “Provider“) and the individual or entity accessing the Service (“Customer” or “you“). EmailAnswers and Customer are each a “Party” and together the “Parties.”
1. Definitions
“Account” means the registered account through which Customer accesses the Service.
“Affiliate” means any entity that directly or indirectly controls, is controlled by, or is under common control with a Party.
“Customer Content” means any email drafts, threads, templates, prompts, contact information, and other data or material that Customer submits to, or generates using, the Service.
“Service” means the EmailAnswers hosted software-as-a-service platform, accessible via the Site and the EmailAnswers API, that uses artificial intelligence to help Customer draft, review, summarize, and send email responses, together with related features, dashboards, and documentation.
“Site” means emailanswers.ai and any associated subdomains.
“Intellectual Property Rights” means patents, copyrights, trademarks, trade secrets, and all other proprietary rights of a similar nature, in any jurisdiction.
“Provider Technology” means the underlying software, models, workflows, and infrastructure EmailAnswers uses to deliver the Service, excluding Customer Content.
2. License Grant and Restrictions
Subject to Customer’s compliance with this Agreement and timely payment of applicable fees, EmailAnswers grants Customer a limited, non-exclusive, non-transferable, revocable right to access and use the Service for Customer’s own internal business or personal purposes.
Customer agrees not to: (a) resell, sublicense, or provide third-party access to the Service; (b) reverse engineer, decompile, or attempt to extract the underlying models or source code of the Service; (c) use the Service to send unsolicited bulk email, spam, phishing content, or messages that violate applicable anti-spam laws (including the CAN-SPAM Act, CASL, or equivalent regulations); (d) use the Service to generate unlawful, defamatory, infringing, or fraudulent content; (e) upload malicious code to the Service; (f) attempt to circumvent rate limits, security controls, or access restrictions; or (g) use the Service in any way that violates applicable law.
3. Customer Responsibilities
Customer is solely responsible for all activity under its Account, for the accuracy and legality of any Customer Content it submits, and for reviewing AI-generated drafts before sending them. EmailAnswers helps draft and suggest email content; Customer remains responsible for every message it ultimately sends, including its tone, accuracy, and compliance with applicable law.
4. Customer Content and Data
EmailAnswers uses Customer Content solely to provide and improve the Service for that Customer, unless Customer has separately opted in to allow use of de-identified data for broader model improvement (see our Privacy Policy). EmailAnswers does not sell Customer Content.
Customer retains all ownership rights in its Customer Content. Customer may export or delete Customer Content from its Account dashboard at any time. Following account closure, Customer Content is retained for a limited period as described in our Privacy Policy before deletion, except where retention is required by law.
Customer represents that it has the right to submit any contact information or email content it uploads to the Service and that doing so does not violate any third party’s rights or applicable privacy law.
5. Use of Identifying Information
With Customer’s consent, EmailAnswers may identify Customer as a user of the Service (e.g., in a customer list or case study) using Customer’s name and logo. Customer may withdraw this consent at any time by emailing support.
6. Intellectual Property Ownership
EmailAnswers owns all right, title, and interest in the Provider Technology, the Service, and all related Intellectual Property Rights. This Agreement does not transfer any ownership rights to Customer. Customer’s rights are limited to those expressly granted in Section 2.
As between the Parties, Customer owns its Customer Content, and, subject to Section 4, retains ownership of AI-generated email drafts created specifically from its own prompts and content.
7. Confidentiality
Each Party may receive confidential information of the other Party (“Confidential Information“), including Provider Technology and Customer Content. Each Party agrees to protect the other’s Confidential Information using at least the same degree of care it uses for its own confidential information, and not to disclose it except as needed to perform this Agreement. Confidential Information does not include information that is public, independently developed, rightfully received from a third party, or required to be disclosed by law (with prompt notice given where legally permitted).
8. Privacy Policy
Our Privacy Policy, available at emailanswers.ai/privacy-policy, describes how we collect, use, and protect personal data and is incorporated into this Agreement. If there is a conflict between this Agreement and the Privacy Policy regarding data handling, the Privacy Policy controls. We may update the Privacy Policy from time to time.
9. Fees and Payment
a. Pricing. Fees for the Service are set out at emailanswers.ai/pricing, whether structured as subscription plans, usage-based credits, or both. Unless otherwise agreed in writing, Customer pays in advance.
b. Changes. EmailAnswers may change its fees from time to time, effective for usage after the change, with notice provided to Customer’s Account email.
c. Non-refundable. Except as required by law or expressly stated in this Agreement (including Section 10), payments are final and non-refundable.
d. Authorization. By providing payment information, Customer authorizes EmailAnswers (and its payment processors) to charge the applicable fees. If a charge is declined, EmailAnswers may suspend access to the Service until payment is resolved.
e. Failure to pay. Amounts unpaid more than 30 days past due may accrue interest at 1.5% per month (or the maximum rate allowed by law) and may result in suspension of the Account.
10. Cancellation and Refunds
Customer may cancel a subscription at any time from the Account billing settings, or by emailing support@emailanswers.ai. Cancellation takes effect at the end of the current billing period; no partial refunds are issued for a period already in progress, except as required by law or as set out in any separately published refund/guarantee policy for new subscribers.
11. Termination
Either Party may terminate this Agreement at any time. Customer may do so by discontinuing use of the Service and canceling its subscription. EmailAnswers may suspend or terminate Customer’s Account for material breach of this Agreement, non-payment, or misuse of the Service, with notice where practicable. Upon termination, Customer’s right to use the Service ends immediately; Sections 6, 7, 13, 14, and 18 survive termination.
12. Representations and Warranties
Each Party represents it has the authority to enter into this Agreement. Customer represents that it has the right to use and submit its Customer Content through the Service and will comply with applicable law in doing so. EmailAnswers represents that it will provide the Service using commercially reasonable care consistent with general industry standards, and will use reasonable technical measures to protect Customer Content in its possession.
13. Disclaimer
EXCEPT AS EXPRESSLY STATED IN SECTION 12, THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. AI-GENERATED CONTENT MAY CONTAIN ERRORS; EMAILANSWERS DOES NOT WARRANT THAT DRAFTS OR SUGGESTIONS WILL BE ACCURATE, COMPLETE, OR SUITABLE FOR ANY PARTICULAR PURPOSE, AND CUSTOMER IS RESPONSIBLE FOR REVIEWING CONTENT BEFORE SENDING. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.
14. Limitation of Liability
EXCEPT FOR BREACHES OF CONFIDENTIALITY OR INDEMNIFICATION OBLIGATIONS, EACH PARTY’S TOTAL LIABILITY UNDER THIS AGREEMENT WILL NOT EXCEED THE FEES CUSTOMER PAID TO EMAILANSWERS IN THE SIX (6) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM. NEITHER PARTY WILL BE LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES ARISING FROM USE OF THE SERVICE.
15. Indemnification
Customer will indemnify and hold EmailAnswers harmless from third-party claims arising from Customer’s Content, Customer’s misuse of the Service, or Customer’s violation of applicable law. EmailAnswers will indemnify and hold Customer harmless from third-party claims that the Service, as provided (excluding Customer Content and Customer’s misuse), infringes a third party’s intellectual property rights.
16. Modifications to this Agreement
EmailAnswers may update this Agreement from time to time. For material changes, we will provide at least 30 days’ notice to Customer’s Account email or via the Site. Continued use of the Service after changes take effect constitutes acceptance. If Customer does not agree, its sole remedy is to stop using the Service.
17. Governing Law
This Agreement is governed by the laws of the State of Delaware, without regard to conflict-of-laws principles.
18. Arbitration
Except for claims for injunctive relief related to data or privacy breaches, or claims that may be brought in small claims court, any dispute arising out of or relating to this Agreement or the Service will be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules, before a single arbitrator, in Delaware. The Federal Arbitration Act governs interpretation and enforcement of this clause. Each Party bears its own costs and fees unless a statute provides otherwise. You may opt out of this arbitration provision by sending written notice to legal@emailanswers.ai within 30 days of first accepting this Agreement.
19. General Provisions
Relationship of the Parties. Nothing in this Agreement creates a partnership, joint venture, or agency relationship.
Assignment. Neither Party may assign this Agreement without the other’s consent, except to an Affiliate or successor by merger or acquisition of substantially all assets.
Force Majeure. Neither Party is liable for delays caused by events beyond its reasonable control.
Severability. If any provision is held unenforceable, the remaining provisions remain in effect.
Waiver. Failure to enforce a provision is not a waiver of that provision.
Entire Agreement. This Agreement, together with the Privacy Policy, is the entire agreement between the Parties regarding the Service and supersedes prior agreements on the same subject.
Notice. EmailAnswers may provide notice to Customer via the email address on the Account.
Contact Us
EmailAnswers LLC Email: legal@emailanswers.ai Support: support@emailanswers.ai
