Terms of Service

Last updated: April 28, 2026

These Terms of Service ("Terms") govern your access to and use of Emailgic, including our websites, applications, AI-powered email design tools, account features, generated previews, exports, and related services (collectively, the "Service"). The Service is provided by CHUYWAY LLC ("Emailgic," "Company," "we," "us," or "our").

By accessing or using the Service, you agree to these Terms. If you use the Service on behalf of a company or other organization, you represent that you have authority to bind that organization, and "you" includes that organization. If you do not agree, do not use the Service.

1. The Service

Emailgic provides AI-powered tools for creating, editing, previewing, exporting, and sharing email designs and related assets. The Service may include prompt-based design generation, brand analysis, image handling, MJML or HTML generation, screenshots, share links, public previews, subscription plans, credit packs, and integrations with third-party services.

The Service is not a legal, compliance, deliverability, accessibility, or marketing-approval service. You are responsible for reviewing all output before using it.

2. Eligibility

You must be at least 18 years old and have the legal capacity to enter into a binding agreement to use the Service. You may not use the Service if you are barred from doing so under applicable law.

3. Accounts and Security

You may need an account to access certain features. You agree to provide accurate, current, and complete account information and to keep it updated.

You are responsible for:

Maintaining the confidentiality of your account credentials and authentication methods.
All activity that occurs under your account.
Promptly notifying us of unauthorized access or suspected security incidents.
Ensuring that users you invite or authorize comply with these Terms.

We may suspend or restrict accounts that appear to be compromised, abusive, fraudulent, or in violation of these Terms.

4. Plans, Credits, Billing, and Taxes

Some features require a paid subscription, credit pack, or other paid plan. Pricing, plan limits, credit amounts, renewal terms, and included features are described at checkout or in the Service.

By purchasing a paid feature, you authorize us and our payment processor to charge applicable fees, taxes, and recurring subscription amounts using your selected payment method.

Unless stated otherwise:

Fees are charged in advance.
Subscriptions renew automatically until canceled.
Credits may be subject to plan limits, expiration rules, usage rules, and abuse controls.
Unused credits may not carry over unless the plan expressly states otherwise.
Taxes, duties, currency conversion fees, and payment provider fees are your responsibility.

Refunds

We support refunds for the unused-credit value of eligible paid purchases. Credits that have already been consumed are not refundable.

To request a refund, contact us at contact@chuyway.com with the account email, purchase identifier, and reason for the request. Refund eligibility and remaining credit balance are determined when we process the refund request, not when the request is first sent.

Unless required otherwise by law or expressly stated by us, the refund amount is calculated based on the portion of the purchase price attributable to remaining unused paid credits. For example, if you purchased a credit pack or credit-based plan and used part of the included credits, the refundable amount is the remaining unused paid credits' proportional value after applying any discounts, promotions, or plan-specific pricing.

Consumed credits, expired credits, complimentary credits, promotional credits, trial credits, bonus credits, and credits removed because of abuse, fraud, chargebacks, payment disputes, or violations of these Terms are not refundable. Subscription cancellation does not automatically create a refund for past billing periods. If a subscription refund is approved for an active billing period, the refund will be limited to the unused paid-credit value for that period unless applicable law requires otherwise.

When we issue a refund, we may remove the refunded credits from your account and adjust any related plan, subscription, or usage balance. Refunds are generally returned to the original payment method when supported by the payment processor. Taxes, duties, currency conversion charges, and payment processor fees may be excluded from the refund unless applicable law requires otherwise.

You can cancel a subscription through the account, billing portal, or other method we provide. Cancellation generally takes effect at the end of the current billing period unless stated otherwise.

We may change pricing, plan features, or credit rules with notice where required. If you do not agree to a change, your remedy is to cancel before the change applies.

5. User Content

"User Content" means prompts, messages, text, brand materials, images, logos, files, URLs, instructions, designs, exports, and other materials you submit to or create with the Service.

You retain ownership of your User Content, subject to the rights you grant in these Terms. You grant us a worldwide, non-exclusive, royalty-free license to host, store, reproduce, process, transmit, display, modify, and create derivative works from User Content solely as needed to provide, secure, operate, support, and improve the Service, comply with law, and enforce these Terms.

For clarity, this license allows us to process User Content through service providers, including AI providers, hosting providers, storage providers, analytics providers, and support tools, as described in our Privacy Policy. It does not give us the right to intentionally use private workspace content to train third-party foundation models unless you expressly authorize that use or we provide additional notice and obtain consent where required.

You represent and warrant that:

You have all rights and permissions needed to submit and use your User Content.
Your User Content and your use of the Service do not infringe, misappropriate, or violate any third-party rights.
Your User Content does not violate applicable law, these Terms, or any third-party platform rules that apply to your campaigns.

Do not submit confidential, sensitive, regulated, or third-party personal information unless you have the right to do so and accept the processing described in our Privacy Policy.

6. Generated Output

"Generated Output" means designs, code, images, copy, recommendations, previews, exports, and other materials generated by the Service in response to User Content or your use of the Service.

As between you and Emailgic, and subject to your compliance with these Terms, you may use Generated Output for your personal or business purposes. This does not transfer ownership of the Service, our software, models, prompts, systems, templates, trademarks, or other Emailgic intellectual property.

AI-generated output may be inaccurate, incomplete, non-unique, similar to output generated for other users, or unsuitable for a particular email client, ESP, campaign, jurisdiction, or audience. You are responsible for human review, testing, approvals, legal compliance, deliverability checks, accessibility checks, and final use.

We do not guarantee that Generated Output is original, error-free, non-infringing, compliant with law, compatible with every email client, or fit for any particular purpose.

7. Public, Shared, and Free-Plan Content

The Service may allow you to create share links, public previews, public galleries, or other public-facing content.

You understand and agree that:

Anyone with access to a share link may view the shared content.
Public content may be indexed, copied, downloaded, redistributed, or referenced by others.
Some free-plan, trial, or legacy outputs may be public or used in examples or showcases if disclosed in the product experience.
Paid or private content is not intentionally published by us unless you choose to share or publish it, authorize disclosure, or disclosure is required by law or necessary to operate the Service.

You are responsible for ensuring that public or shared content does not include confidential information, sensitive information, regulated data, unlawful material, or third-party content you are not permitted to disclose.

8. Acceptable Use

You may not use the Service to:

Violate law, regulation, contractual obligations, third-party rights, or platform policies.
Send, facilitate, design, or promote spam, phishing, fraud, scams, malware, deceptive campaigns, or unlawful marketing.
Mislead recipients through false headers, deceptive subject lines, impersonation, counterfeit branding, or hidden sender identity.
Generate content that is unlawful, defamatory, harassing, abusive, hateful, exploitative, or invasive of privacy.
Generate fake reviews, false testimonials, deceptive endorsements, unsupported claims, or other content intended to mislead consumers or recipients.
Infringe or misappropriate copyrights, trademarks, trade secrets, publicity rights, privacy rights, or other intellectual property rights.
Upload or process sensitive personal information, payment card data, health data, children's data, government identifiers, or regulated data unless you have the legal right and appropriate safeguards.
Reverse engineer, scrape, copy, benchmark, attack, overload, disrupt, or bypass restrictions of the Service.
Circumvent usage limits, credit limits, security controls, rate limits, paywalls, or access controls.
Resell, sublicense, or provide the Service as a competing product without our written permission.
Use the Service to develop or train competing AI systems, models, or datasets without our written permission.

We may investigate suspected violations and remove content, disable sharing, suspend accounts, limit usage, terminate access, or report activity to appropriate authorities where appropriate. We may also refuse to process prompts, uploads, or requests, block or filter generated output, or disable access to content that we believe creates legal, security, safety, operational, reputational, or abuse risk.

We are not obligated to monitor all User Content or Generated Output, and we do not assume responsibility for user-created content. Any review, filtering, or enforcement action we take is discretionary and does not waive our rights.

9. Email Marketing Compliance

You are solely responsible for ensuring that any email, campaign, template, sender identity, recipient list, subject line, footer, unsubscribe mechanism, postal address, tracking technology, and marketing claim complies with applicable law and platform rules.

This may include, depending on your use case and recipient location, the CAN-SPAM Act, CASL, GDPR, UK GDPR, ePrivacy rules, CCPA/CPRA, consumer protection laws, advertising laws, intellectual property laws, accessibility requirements, and the rules of your email service provider.

At a minimum, you should independently verify that commercial emails use accurate sender information, non-deceptive subject lines, required disclosures, a valid physical postal address, and a working opt-out mechanism where required.

Emailgic does not send marketing campaigns on your behalf unless a feature expressly states otherwise. Exporting, publishing, or sending output through an email service provider is your responsibility.

10. Third-Party Services

The Service may depend on or integrate with third-party services, including authentication providers, payment processors, hosting providers, analytics providers, AI providers, browser automation tools, storage providers, and email service providers.

Third-party services are governed by their own terms and privacy policies. We are not responsible for third-party services, and we do not guarantee their availability, security, performance, or continued integration.

11. Our Intellectual Property

The Service, including software, interfaces, workflows, models, prompts, templates, documentation, trademarks, logos, design systems, and other materials, is owned by Emailgic or our licensors and is protected by intellectual property and other laws.

We grant you a limited, non-exclusive, non-transferable, revocable license to use the Service in accordance with these Terms. No rights are granted except as expressly stated.

If you provide feedback, suggestions, or ideas, you grant us a perpetual, irrevocable, worldwide, royalty-free right to use them without restriction or compensation.

12. Copyright and IP Complaints

If you believe content on the Service infringes your copyright or other rights, contact us at contact@chuyway.com with enough information for us to evaluate the claim.

Your physical or electronic signature.
Identification of the copyrighted work claimed to be infringed.
Identification of the allegedly infringing material and information reasonably sufficient for us to locate it.
Your name, mailing address, telephone number, and email address.
A statement that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
A statement that the information in the notice is accurate and, under penalty of perjury where applicable, that you are authorized to act on behalf of the copyright owner.

If your content was removed or restricted in response to a copyright notice and you believe the action was mistaken, you may send a counter-notice with information sufficient for us to evaluate the request, including identification of the removed material, your contact information, and a statement under penalty of perjury where applicable that you have a good-faith belief the material was removed or disabled because of mistake or misidentification.

We may remove or restrict content and may terminate repeat infringers where appropriate.

13. Privacy

Our Privacy Policy explains how we collect, use, disclose, and protect personal information. By using the Service, you acknowledge our Privacy Policy.

14. Service Changes and Availability

We may modify, suspend, discontinue, or limit any part of the Service at any time. We may also impose usage limits, change features, update models, change providers, or restrict access for security, legal, operational, or business reasons.

We do not guarantee that the Service will be uninterrupted, error-free, secure, or available at all times.

15. Termination

You may stop using the Service at any time. You may cancel paid plans through the billing tools we provide.

We may suspend or terminate your access to the Service if:

You violate these Terms.
Your use creates security, legal, operational, reputational, or financial risk.
Payment is overdue, disputed, fraudulent, or reversed.
We are required to do so by law or a third-party provider.
We discontinue the Service or a material feature.

After termination, your right to use the Service ends immediately. We may retain or delete account information and User Content in accordance with our Privacy Policy, legal obligations, backup practices, and legitimate business needs.

Sections that by their nature should survive termination will survive, including payment obligations, intellectual property provisions, disclaimers, limitations of liability, indemnity, governing law, and dispute provisions.

16. Disclaimers

The Service and all Generated Output are provided "as is" and "as available." To the fullest extent permitted by law, Emailgic disclaims all warranties, whether express, implied, statutory, or otherwise, including warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, availability, security, and compatibility.

We do not warrant that the Service or Generated Output will satisfy your requirements, comply with any law, avoid spam filters, render correctly in every email client, increase conversions, preserve deliverability, or be accepted by any email service provider.

17. Limitation of Liability

To the fullest extent permitted by law, Emailgic and its affiliates, officers, employees, contractors, licensors, and service providers will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, lost revenue, lost data, loss of goodwill, business interruption, substitute services, or failed campaigns.

To the fullest extent permitted by law, our total liability for all claims relating to the Service or these Terms will not exceed the greater of: (a) the amount you paid to us for the Service in the three months before the event giving rise to the claim; or (b) USD $100.

Some jurisdictions do not allow certain limitations of liability, so some limitations may not apply to you.

18. Indemnity

You agree to defend, indemnify, and hold harmless Emailgic and its affiliates, officers, employees, contractors, licensors, and service providers from and against claims, liabilities, damages, losses, costs, and expenses, including reasonable attorneys' fees, arising from or related to:

Your User Content or Generated Output.
Your use of the Service.
Your campaigns, exports, recipients, lists, marketing claims, or email sending practices.
Your violation of these Terms, applicable law, or third-party rights.
Your misuse of public, shared, or free-plan content features.

19. Governing Law and Venue

These Terms are governed by the laws of the State of Wyoming and the laws of the United States, without regard to conflict-of-law rules.

Subject to any mandatory consumer protection laws that apply to you, the state and federal courts located in Wyoming will have exclusive jurisdiction over disputes arising from or relating to these Terms or the Service, and you consent to personal jurisdiction and venue in those courts.

20. Changes to These Terms

We may update these Terms from time to time. The updated version will be posted on this page with a revised "Last updated" date. Where required, we will provide additional notice. Your continued use of the Service after the effective date of updated Terms means you accept the updated Terms.

21. Miscellaneous

These Terms, together with the Privacy Policy and any checkout terms or plan-specific terms, form the entire agreement between you and us regarding the Service.

If any provision is found unenforceable, the remaining provisions will remain in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our written consent. We may assign these Terms in connection with a merger, acquisition, financing, reorganization, sale of assets, or by operation of law.

22. Contact

For questions about these Terms, contact:

CHUYWAY LLC

30 N Gould St Ste N

Sheridan, WY 82801

United States

contact@chuyway.com