Terms of Service

These Terms of Service ("Terms") form a binding agreement between you and EmailQA, a sole proprietorship based in Cumberland County, Pennsylvania, United States ("EmailQA," "we," "our," or "us"), governing your access to and use of the EmailQA service at emailqa.live (the "Service").

By accessing or using the Service, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, do not use the Service. If you accept these Terms on behalf of an organization, you represent that you have authority to bind that organization.

EmailQA is a web-based platform for reviewing and collaborating on HTML email designs. The Service allows users to upload HTML email files, add comments and annotations, invite team members and guests, and integrate with third-party services such as Slack, GitHub, and email service providers.

• You must provide accurate and complete information when creating an account.
• You are responsible for maintaining the security of your account credentials.
• You must be at least 16 years old to use the Service.
• One person or legal entity may not maintain more than one free account.
• You are responsible for all activity that occurs under your account.

You agree not to use the Service to:

• Upload content that infringes intellectual property, publicity, or privacy rights.
• Distribute malware, viruses, phishing content, or malicious code.
• Send or facilitate unsolicited bulk email (spam) in violation of the CAN-SPAM Act, CASL, or similar anti-spam laws.
• Upload or process protected health information (PHI), payment card data (PCI), or other regulated data types for which EmailQA is not certified.
• Harass, abuse, threaten, or harm other users.
• Attempt to gain unauthorized access to the Service, other accounts, or our infrastructure.
• Use the Service for illegal purposes or in violation of applicable export, sanctions, or anti-corruption laws.
• Resell, redistribute, or white-label the Service without authorization.
• Interfere with the proper operation of the Service, including scraping, rate-limit circumvention, or load attacks.
• Use outputs of the Service to train, develop, or improve a competing machine learning model or email-review product.

Ownership: You retain ownership of all content you upload to the Service, including HTML files, comments, and other materials ("User Content").

License to EmailQA: By uploading User Content, you grant EmailQA a limited, worldwide, royalty-free license to host, store, display, transmit, copy, and process your content solely to provide and improve the Service. This license ends when you delete the content or your account, except to the extent we must retain it to comply with law.

Feedback License: If you send us feedback, ideas, or suggestions about the Service, you grant us a perpetual, irrevocable, royalty-free, worldwide license to use them without restriction or compensation.

Your Responsibility: You are solely responsible for your User Content and must ensure you have the necessary rights to upload and share it.

Free Plan

The free plan includes limited features as described on our pricing page. We may modify free plan limits with reasonable notice.

Pro Plan

• Pro subscriptions are billed monthly at the current rate.
• Payment is processed securely through Stripe.
• Subscriptions automatically renew at the end of each billing period at the then-current rate until cancelled.
• You may cancel at any time through your account settings; access continues until the end of the current billing period.
• Except as required by law, we do not provide refunds for partial billing periods.

EU/UK Cooling-Off

If you are a consumer located in the EU or UK, you have a 14-day right to withdraw from the subscription under the Consumer Rights Directive (EU) 2011/83 or UK Consumer Contracts Regulations 2013. By starting to use the Pro features during that period, you expressly request immediate performance and acknowledge that you lose the right to withdraw once the service has been fully performed.

Price Changes

We may change subscription prices with 30 days' notice. Price changes apply to your next billing cycle after the notice period. If you do not agree to a price change, you may cancel before it takes effect.

The Service integrates with third-party services including Slack, GitHub, Stripe, Anthropic, and email service providers. Your use of these integrations is subject to the respective third-party terms and privacy policies. We are not responsible for the availability, functionality, security, or terms of third-party services.

The Service — including its design, features, software, text, and graphics — is owned by EmailQA and protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, reverse engineer, decompile, or create derivative works from any part of the Service, except to the extent applicable law expressly permits.

Your use of the Service is subject to our Privacy Policy, which describes how we collect, use, and protect your information.

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, OR THAT EMAIL CLIENT RENDERS WILL MATCH ACTUAL SUBSCRIBER EXPERIENCE IN EVERY CASE. YOU USE THE SERVICE AT YOUR OWN RISK.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, EMAILQA AND ITS AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUES, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES.

Cap on Liability: Our total aggregate liability for any claims arising out of or relating to the Service or these Terms will not exceed the greater of (a) the amounts you paid us in the 12 months preceding the event giving rise to the claim or (b) one hundred US dollars ($100).

The limitations in this section do not apply to liability that cannot be excluded under applicable law, to a party's indemnification obligations, or to a party's gross negligence, willful misconduct, or fraud.

You agree to indemnify, defend, and hold harmless EmailQA and its agents from any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising from (a) your User Content, (b) your use of the Service, (c) your violation of these Terms, or (d) your violation of any third-party right, including intellectual property or privacy rights.

By You: You may terminate your account at any time through account settings or by contacting support.

By Us: We may suspend or terminate your account for violations of these Terms, non-payment, or at our discretion with reasonable notice. Upon termination, your right to use the Service ends immediately.

Data Export Window: For 30 days after termination, you may request an export of your project data by emailing [email protected]. After this window, we may delete your data in accordance with our Privacy Policy.

Binding Arbitration. You and EmailQA agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service ("Dispute") will be resolved by binding individual arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules, rather than in court. The arbitrator's decision will be final and binding. Judgment on the award may be entered in any court of competent jurisdiction.

Class-Action Waiver. YOU AND EMAILQA EACH AGREE THAT DISPUTES WILL BE BROUGHT ON AN INDIVIDUAL BASIS ONLY. NEITHER PARTY MAY BRING A CLAIM AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person's claims or preside over any form of representative proceeding.

30-Day Opt-Out. You may opt out of this arbitration agreement by emailing [email protected] within 30 days of first accepting these Terms, with the subject line "Arbitration Opt-Out" and your account email. If you opt out, §15 (Governing Law and Venue) will apply to Disputes instead.

Exceptions. Either party may bring (a) an individual action in small-claims court, or (b) an action in any court of competent jurisdiction for injunctive relief to protect intellectual property rights.

Severability of Waiver. If the class-action waiver is found unenforceable, then the entirety of this arbitration section is void; the rest of these Terms remain in effect.

These Terms are governed by the laws of the Commonwealth of Pennsylvania, without regard to conflict-of-law principles. For any Dispute not subject to arbitration under §14, you and EmailQA consent to the exclusive jurisdiction and venue of the state and federal courts located in Cumberland County, Pennsylvania.

We may modify these Terms from time to time. We will notify you of material changes by posting the updated Terms on this page and, for significant changes, by email. Continued use of the Service after changes take effect constitutes acceptance of the updated Terms. If you do not agree, you must stop using the Service.

Entire Agreement. These Terms and the Privacy Policy constitute the entire agreement between you and EmailQA regarding the Service and supersede any prior agreements.

Severability. If any provision is held unenforceable, the remaining provisions will remain in full force and effect.

No Waiver. Our failure to enforce any right or provision is not a waiver of that right or provision.

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, reorganization, or sale of assets.

Force Majeure. We are not liable for any delay or failure to perform caused by events beyond our reasonable control, including acts of God, natural disasters, war, terrorism, labor disputes, network or infrastructure outages, or governmental actions.

Notices. We may provide notices by email to the address on your account or by posting on the Service. You may provide notices to us at [email protected].

Export Controls. You represent that you are not located in a country subject to US government embargo and are not on any US government list of prohibited or restricted parties.

Survival. Sections that by their nature should survive termination will survive, including §5 (User Content), §8 (Intellectual Property), §10 (Disclaimers), §11 (Limitation of Liability), §12 (Indemnification), §14 (Arbitration), §15 (Governing Law), and this §17.

For questions about these Terms, please contact us:

• Email: [email protected]
• Website: https://emailqa.live
• Mailing Address: EmailQA, 123 N Hanover Street, Carlisle, PA 17013, United States