E
EmoatlyGet early access

Emoatly Terms of Service

Effective date: July 5, 2026

Last updated: July 5, 2026

These Terms of Service ("Terms") govern access to and use of Emoatly (the "Service"), a product of Whilarza Creative Solutions Inc. ("Whilarza", "we", "us"). By creating an account or using the Service, you ("Customer", "you") agree to these Terms. If you use the Service on behalf of a company, you represent that you have authority to bind that company.

1. The Service

Emoatly is an AI-powered email and SMS marketing strategist for e-commerce brands. The Service analyzes brand and customer information you provide or connect (including website content, customer reviews, uploaded files, and connected third-party accounts) to build a brand intelligence profile ("Brand DNA") and to generate marketing strategy, email and SMS copy, and related outputs ("Generated Content").

Emoatly is a strategy and content-generation tool. Emoatly does not send email or SMS to your customers. Sending is performed by you through your own email service provider ("ESP", e.g. Klaviyo) or other channels, under your own accounts and legal responsibility.

2. AI-Generated Content — Important Disclosure

The Service uses artificial intelligence. AI output can be wrong. You acknowledge and agree that:

1. Generated Content is produced by AI models and may contain errors, inaccuracies, omissions, or fabricated statements — including, without limitation, incorrect product claims, invented statistics or testimonials, mispriced offers, or statements inconsistent with your brand or with applicable law. 2. You are solely responsible for reviewing, editing, and approving all Generated Content before using it, publishing it, or sending it to any recipient. Generated Content is a draft prepared for your review, not a finished communication. 3. The Service includes features that flag potentially unsupported claims. These features are assistive only; they do not guarantee that flagged content is wrong or that unflagged content is correct, and they do not reduce your review obligation. 4. Whilarza is not liable for any false, misleading, non-compliant, or otherwise harmful content that you publish or send, whether or not it was generated by the Service and whether or not you modified it. 5. We make no warranty as to the accuracy, completeness, legality, or performance (including deliverability or conversion) of Generated Content.

3. Accounts

You must provide a valid email address; authentication is by magic link. You are responsible for maintaining control of your email account and for all activity under your Emoatly account. You must be at least 18 years old and using the Service for business purposes.

4. Subscriptions, Trials, and Billing

  • The Service is offered on paid subscription tiers with monthly generation allowances and brand limits as described at purchase. Allowances reset each billing cycle and do not roll over.
  • New subscriptions may include a free trial that requires a valid payment method; the payment method is charged automatically when the trial ends unless you cancel first.
  • Fees are billed in advance via Stripe and are non-refundable except where required by law or expressly stated otherwise. You can cancel any time via the billing portal; cancellation takes effect at the end of the current billing period.
  • We may change pricing or allowances with at least 30 days' notice; changes apply from your next billing cycle.
  • Charges appear on your statement as EMOATLY (billed by Whilarza Creative Solutions Inc.).

5. Your Content and Data

  • "Customer Content" means data you submit to or connect with the Service, including website URLs, uploaded files, customer reviews and quotes, and data synced from third-party integrations you authorize (e.g. Klaviyo, Shopify, Okendo).
  • You retain all rights in Customer Content. You grant Whilarza a non-exclusive license to host, process, and analyze Customer Content solely to provide and improve the Service for you.
  • You represent and warrant that you have all rights, consents, and lawful bases necessary to provide Customer Content to us and to have it processed as described — including any rights required for customer reviews, survey responses, support messages, and personal data of your customers.
  • Processing of personal data contained in Customer Content is governed by our Privacy Policy and, where applicable, our Data Processing Addendum.

6. Generated Content — Ownership

As between you and Whilarza, and subject to your compliance with these Terms, you own the Generated Content produced for your account, and may use it for your business purposes. You acknowledge that AI output is not guaranteed to be unique and that similar output may be generated for other customers.

7. Marketing-Law Compliance Is Yours

You are the sender of record for all marketing you distribute. You are solely responsible for compliance with all laws applicable to your marketing, including without limitation CAN-SPAM, the TCPA, CASL, GDPR/ePrivacy, and equivalent laws — covering consent, sender identification, physical-address disclosure, opt-out mechanics, and honoring unsubscribes. Where Generated Content includes placeholder compliance elements (e.g. an unsubscribe placeholder), you must replace them with functioning mechanisms through your ESP before sending. Whilarza provides no legal advice and no warranty that Generated Content complies with marketing law in any jurisdiction.

8. Acceptable Use

You will not: (a) use the Service to create or send spam, deceptive, discriminatory, or unlawful content; (b) upload content you lack rights to; (c) attempt to probe, disrupt, or reverse-engineer the Service or its models; (d) resell or white-label the Service without a separate written agreement; (e) use the Service to build a competing product; (f) exceed or circumvent usage limits or abuse trial access. We may suspend accounts that violate this section, that present a security or legal risk, or that are subject to a payment dispute.

9. Third-Party Integrations

Integrations (e.g. Klaviyo, Shopify, Okendo, Slack, ClickUp) are authorized by you, operate under the third party's own terms, and may be changed or discontinued by the third party at any time. We are not responsible for third-party services, their availability, or their data practices. You may revoke integration access at any time in settings.

10. Intellectual Property

Whilarza owns the Service, including all software, models' prompt frameworks, knowledge bases, designs, and trademarks (including "Emoatly"). No rights are granted except as expressly stated in these Terms. Feedback you provide may be used without obligation.

11. Confidentiality and Security

We apply commercially reasonable technical and organizational measures to protect Customer Content, as described in the Privacy Policy and DPA. No system is perfectly secure; you acknowledge the inherent risks of internet-based services.

12. Disclaimers

THE SERVICE AND ALL GENERATED CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, AND UNINTERRUPTED OR ERROR-FREE OPERATION. NO ADVICE OR INFORMATION OBTAINED FROM THE SERVICE CREATES ANY WARRANTY.

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW: (a) WHILARZA WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, GOODWILL, OR DATA; AND (b) WHILARZA'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SERVICE WILL NOT EXCEED THE FEES YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM. THESE LIMITS APPLY REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE. Nothing in these Terms excludes liability that cannot be excluded under applicable law.

14. Indemnification

You will defend and indemnify Whilarza against claims, damages, and costs (including reasonable legal fees) arising from: (a) Customer Content, including any claim that it was collected or provided without necessary rights or consents; (b) marketing you send or publish, including Generated Content you approved; (c) your violation of these Terms or of applicable law.

15. Term and Termination

Either party may terminate at any time (you: by canceling and ceasing use; us: with notice, or immediately for material breach, non-payment, or legal risk). Upon account deletion, Customer Content is deleted as described in the Privacy Policy. Sections 2, 6, 7, and 10–17 survive termination.

16. Changes

We may update these Terms; material changes will be notified by email or in-product at least 14 days before taking effect. Continued use after the effective date constitutes acceptance.

17. General

These Terms are governed by the laws of the State of California, excluding conflict-of-law rules, and disputes are subject to the exclusive jurisdiction of the state and federal courts located in Los Angeles County, California. These Terms (with the Privacy Policy and any DPA) are the entire agreement regarding the Service. If any provision is unenforceable, the remainder stands. We may assign these Terms in connection with a merger or sale; you may not assign without consent. No waiver is implied by inaction.

18. Contact

Whilarza Creative Solutions Inc. — Emoatly 6426 Ruby St, Los Angeles, CA 90042, USA hello@emoatly.com