Terms of Service

1. Acceptance and eligibility

By accessing or using our websites, accounts, emote creation and delivery experiences, Circle, subscriptions, gift cards, Emotely Flex, keepsakes, and related services (collectively, the “Service”), you agree to these Terms, our Privacy Policy, and any additional terms presented for a feature or purchase.

You must be at least 18 years old, or the age of majority where you live, to create an account or make a purchase. If you use the Service for an organization, you represent that you are authorized to bind that organization.

A recipient may view an Emote without creating an account. Claiming Flex credit, creating an account, or making a purchase is limited to adults who can enter a binding agreement.

2. Accounts and security

You must provide accurate, current information and maintain the confidentiality of your credentials. You are responsible for activity under your account except to the extent caused by our breach of these Terms or applicable law.

Notify us promptly at hello@sendemotely.com if you believe your account or an Emote delivery link has been accessed without authorization. We may require identity verification before changing access or releasing account information.

3. Emotes, recipients, and Circle

You may provide recipient names, email addresses, dates, notes, messages, and other information so Emotely can create, schedule, deliver, and display an Emote or provide Circle and reminder features.

You represent that you have a lawful basis and all permissions needed to provide this information, invite or contact the recipient, and authorize Emotely to process it for your requested use. You may not use Emotely for unsolicited commercial messages, purchased mailing lists, or spam.

Delivery times are estimates. Email providers, incorrect addresses, recipient settings, third-party outages, and other events outside our control may delay or prevent delivery. You remain responsible for reviewing recipient details and scheduled dates.

4. Your content and permissions

As between you and Emotely, you retain any rights you have in messages, prompts, uploads, images, notes, contact information, and other material you submit (“User Content”).

You grant Emotely and its providers a worldwide, non-exclusive, royalty-free license to host, reproduce, process, modify, transmit, display, and otherwise use User Content only as reasonably necessary to operate, secure, support, improve, and provide the Service and fulfill your requests. This license ends when the content is deleted from our active systems, except for reasonable backup, legal, security, and transaction-retention needs.

You represent that you own or have permission to use User Content and that our permitted processing will not violate another person’s rights or any law. Do not submit highly sensitive information or material you would not want processed by the providers needed to fulfill your request.

5. AI-assisted features

Emotely may use artificial intelligence to help generate or revise messages, images, and other creative output. AI output can be inaccurate, unexpected, similar to output generated for others, or unsuitable for a particular recipient.

You are responsible for reviewing and approving output before sending or using it. You must not rely on the Service for medical, legal, financial, emergency, or other professional advice. To the extent permitted by law and subject to any third-party rights, you may use output delivered to you through the Service for its intended personal use.

6. Acceptable use

You may not use the Service to harass, threaten, exploit, deceive, impersonate, defraud, spam, stalk, or harm anyone; violate privacy, publicity, intellectual-property, or other rights; distribute unlawful, hateful, sexually exploitative, or malicious material; or facilitate illegal activity.

You may not interfere with security or operation, access the Service through unauthorized automated means, scrape or extract data without permission, reverse engineer protected portions of the Service except where law expressly permits it, circumvent limits, test stolen payment credentials, manipulate promotions or credits, or resell the Service without written permission.

We may remove content, block a delivery, place a transaction under review, limit functionality, suspend or terminate access, or report conduct when we reasonably believe it is necessary to protect the Service, users, recipients, or others.

7. Prices, payments, taxes, and currencies

Prices, service fees, currency, taxes, and the final total are shown during checkout. You authorize Emotely and Stripe to charge the selected payment method for the displayed total. Taxes may be calculated after you provide billing information. Your card issuer may impose currency-conversion or other fees that Emotely does not control.

Gift value may be issued in a recipient currency while checkout occurs in a sender currency. When currencies differ, the quote shown at checkout may include a foreign-exchange conversion obtained through our fulfillment provider. A time-limited quote may need to be refreshed before payment, but the amount you authorize at completed checkout will not be changed afterward except as permitted by law or with your consent.

We may correct obvious pricing or catalog errors before fulfillment, cancel an affected transaction, and issue an appropriate refund. We do not guarantee that every payment method, product, denomination, currency, or merchant will remain available.

8. Subscriptions and emote packs

Emotely Plus renews automatically at the billing interval and price disclosed when you subscribe until canceled. You authorize recurring charges, including applicable taxes. We will provide notice of material price changes when required by law.

You may cancel through the available account controls or by contacting hello@sendemotely.com. Cancellation stops future renewals and normally takes effect at the end of the current paid billing period. Except where required by law, canceling does not create a prorated refund.

Emote packs provide the quantity of account credits displayed at purchase. Credits are not money, are not transferable unless we expressly allow it, and have no cash value. Included monthly or subscription credits are subject to the plan terms shown in the Service, including any renewal, rollover, or expiration rules disclosed there.

9. Gift cards and fulfillment

Gift cards are issued or fulfilled by participating merchants and providers, including Tremendous, and are subject to merchant or issuer terms, availability, geographic restrictions, denomination limits, expiration rules where lawful, and redemption requirements.

Emotely is not the issuing bank or merchant and does not control a merchant’s goods, services, locations, acceptance, solvency, or redemption decisions. You and the recipient are responsible for reviewing merchant terms and protecting gift codes. Contact us promptly about a failed or incorrect fulfillment so we can investigate with the provider.

Gift-card orders may be delayed or reviewed for fraud, compliance, catalog, currency, or fulfillment reasons. We may cancel and refund an order that cannot be fulfilled rather than substitute a materially different product without permission.

10. Emotely Flex

Emotely Flex credit is issued in the recipient currency selected for the gift and remains denominated in that currency. It may be used only for eligible offerings displayed by Emotely and is also governed by the Flex Credit Terms.

Flex credit is not a bank deposit, does not earn interest, and is not redeemable for cash except where required by law. Eligibility, claiming, redemption, transfer, and expiration restrictions are described in the Flex Credit Terms or at issuance.

11. Keepsakes and physical products

Physical products may be available only in supported locations, initially including eligible United States recipients. Product appearance may vary slightly from on-screen previews because of materials, printing, display settings, or production processes.

You are responsible for an accurate delivery address and approving personalization. Production and delivery estimates are not guarantees. Replacement or refund eligibility for damaged, defective, lost, or materially incorrect products is governed by our Refund Policy and applicable law.

12. Intellectual property

The Service, Emotely name and branding, software, designs, interfaces, and content supplied by Emotely are owned by Emotely or its licensors and are protected by intellectual-property laws. These Terms grant you a limited, revocable, non-exclusive, non-transferable right to use the Service for its intended purposes.

Except for your User Content and approved output use, you may not copy, modify, distribute, sell, license, or create derivative works from protected portions of the Service without permission.

13. Feedback

If you voluntarily provide ideas or feedback about Emotely, you grant us a perpetual, worldwide, irrevocable, royalty-free right to use it without restriction or compensation, provided we do not identify you publicly without permission.

14. Third-party services

The Service relies on and may link to third-party services. Their products, terms, privacy practices, availability, and conduct are their responsibility. Emotely is not responsible for third-party services except to the extent applicable law provides otherwise.

15. Suspension and termination

You may stop using the Service at any time. We may suspend or terminate access, withhold or cancel suspicious transactions, or remove content if you materially violate these Terms, create risk or legal exposure, fail to pay amounts due, or use the Service fraudulently or unlawfully.

Where practical, we will provide notice and an opportunity to address the issue. Terms that by their nature should survive termination—including payment obligations, ownership provisions, disclaimers, liability limits, and dispute terms—will survive.

16. Service changes and availability

We may add, change, suspend, or discontinue features and supported products. We do not guarantee uninterrupted, secure, or error-free operation or permanent availability of particular designs, merchants, currencies, rewards, or integrations.

If a material change adversely affects a paid feature, we will provide any notice, remedy, or refund required by law.

17. Disclaimers

To the maximum extent permitted by law, the Service is provided “as is” and “as available.” Emotely disclaims implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, and does not warrant that the Service or generated output will be uninterrupted, error-free, accurate, or suitable for every recipient.

Nothing in these Terms excludes warranties or consumer rights that cannot lawfully be excluded.

18. Limitation of liability

To the maximum extent permitted by law, Emotely and its officers, directors, employees, affiliates, and providers will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or lost profits, revenue, data, goodwill, or opportunities, arising from the Service.

To the maximum extent permitted by law, our aggregate liability arising from the Service will not exceed the greater of US $100 or the amount you paid Emotely during the 12 months before the event giving rise to the claim. These limitations do not apply where prohibited or to liability that cannot legally be limited.

19. Indemnity

To the extent permitted by law, you will defend, indemnify, and hold harmless Emotely and its affiliates, officers, directors, employees, and agents from third-party claims arising from your User Content, your unlawful or unauthorized use of the Service, or your material breach of these Terms. This does not require you to indemnify a party for its own unlawful conduct.

20. Governing law and disputes

These Terms are governed by the laws of the State of Delaware, without regard to conflict-of-law principles. Mandatory consumer protections in your place of residence continue to apply where they cannot be waived.

Before filing a formal claim, you and Emotely agree to make a good-faith effort to resolve the dispute by contacting the other party and allowing 30 days for a response. These Terms do not require arbitration and do not prevent either party from seeking relief in a court with lawful jurisdiction.

21. Changes to these Terms

We may update these Terms as the Service or law changes. We will post revised Terms with a new effective date and provide additional notice of material changes where required. Continued use after the effective date constitutes acceptance to the extent permitted by law; if you do not agree, you must stop using the Service.

22. General

If a provision is unenforceable, it will be modified only as much as necessary and the remaining provisions will remain effective. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our consent; we may assign them in connection with a merger, reorganization, financing, or sale of the business.

These Terms and incorporated policies are the entire agreement about the Service and supersede prior agreements on the same subject. Section headings are for convenience only.

23. Contact

Contact Emotely Labs, Inc. at hello@sendemotely.com or by mail at 100 Placeholder Way, Suite 100, Wilmington, Delaware 19801, United States. This mailing address is a temporary placeholder and will be replaced before publication.