Terms of Use

Contents

Terms of Use

Didier Holding Co (d/b/a EmailPilot.ai) · Plano, Texas, USA Effective Date: February 12, 2026 · Last Updated: February 12, 2026

1. Definitions and Interpretation

In these Terms of Use (hereinafter referred to as these “Terms”), unless the context otherwise requires, the following capitalized terms shall have the meanings ascribed to them below:

2. Acceptance of Terms

2.1. By creating an account, accessing, or using the Service in any manner, you acknowledge that you have read, understood, and agree to be bound by these Terms, as well as our Privacy Policy, which is incorporated herein by reference. If you are entering into these Terms on behalf of an entity, you represent and warrant that you have the legal authority to bind such entity to these Terms.

2.2. The Company reserves the right to modify, amend, or update these Terms at any time in its sole discretion. Material changes will be communicated to you via email to the address associated with your account or through a prominent notice within the Service no fewer than thirty (30) days prior to the effective date of such changes. Your continued use of the Service after the effective date of any modifications constitutes your acceptance of the modified Terms. If you do not agree with any modification, your sole remedy is to terminate your account and cease using the Service prior to the effective date of such modification.

2.3. You represent and warrant that you are at least eighteen (18) years of age and possess the legal capacity to enter into a binding agreement. The Service is not intended for use by individuals under the age of eighteen (18).

3. Account Registration and Security

3.1. To access and use the Service, you must create an account by providing accurate, current, and complete registration information. You agree to promptly update your account information to maintain its accuracy and completeness at all times.

3.2. You are solely responsible for maintaining the confidentiality and security of your account credentials, including your password and any access tokens. You agree to immediately notify the Company of any unauthorized use of your account or any other breach of security. The Company shall not be liable for any loss or damage arising from your failure to maintain the security of your account credentials.

3.3. You are responsible for all activities that occur under your account, whether or not you have authorized such activities. The Company reserves the right to suspend or terminate any account that it reasonably believes has been compromised or is being used in violation of these Terms.

3.4. The Subscriber is responsible for ensuring that all Authorized Users comply with these Terms. Any act or omission of an Authorized User that would constitute a breach of these Terms if committed by the Subscriber shall be deemed a breach by the Subscriber.

4. Description of the Service

4.1. EmailPilot.ai is a software-as-a-service platform that provides, among other things, the following capabilities:

4.2. The Company reserves the right to modify, update, enhance, or discontinue any feature or functionality of the Service at any time, with or without notice, provided that any material reduction in core functionality during an active Subscription Term shall be communicated to the Subscriber no fewer than thirty (30) days in advance.

5. Artificial Intelligence Disclosure and Limitations

5.1. The Service utilizes artificial intelligence (“AI”) and machine learning (“ML”) technologies to provide certain features, including but not limited to content generation, messaging strategy recommendations, lead scoring, data analysis, and campaign optimization (collectively, “AI Features”).

5.2. You acknowledge and agree that:

5.3. The Company may use aggregated, anonymized, and de-identified data derived from your use of the Service to train, improve, and enhance the AI and ML models underlying the Service, provided that such use does not identify you or any individual data subject. If you wish to opt out of this use, you may do so by contacting the Company at the address provided in Section 25 of these Terms.

6. Subscription Plans, Fees, and Payment

6.1. Subscription Plans

The Service is offered on a subscription basis pursuant to the plans and pricing set forth on the Company’s website or in the applicable Order Form. Subscription plans may include monthly and annual billing options. The specific features, usage limits, and pricing applicable to your subscription are as set forth in your Order Form.

6.2. Payment Terms

All fees are due and payable in advance in United States Dollars (USD) unless otherwise specified in the applicable Order Form. Monthly subscriptions are billed on a recurring monthly basis. Annual subscriptions are billed in full at the commencement of each annual period. You authorize the Company to charge the payment method on file for all fees due under your subscription.

6.3. Taxes

All fees are exclusive of applicable taxes, levies, duties, or similar governmental assessments of any nature, including, but not limited to, value-added, sales, use, or withholding taxes, assessable by any jurisdiction (collectively, “Taxes”). You are responsible for paying all Taxes associated with your subscription, except for taxes based on the Company’s net income or property.

6.4. Price Changes

The Company reserves the right to change its pricing at any time. Price changes for existing subscriptions shall take effect at the commencement of the next Subscription Term following notice of such change. The Company shall provide you with no fewer than thirty (30) days’ prior written notice of any price increase.

6.5. Late Payments

Any amounts not paid when due shall bear interest at the lesser of one and one-half percent (1.5%) per month or the maximum rate permitted by applicable law, calculated from the date such payment was due until the date of actual payment. The Company reserves the right to suspend access to the Service in the event of non-payment after providing you with ten (10) business days’ prior written notice.

6.6. Refund Policy

Monthly subscriptions: No refunds shall be issued for partial months of service. Annual subscriptions: If you cancel within the first fourteen (14) days of the initial Subscription Term, you may request a full refund. After such fourteen (14) day period, annual subscription fees are non-refundable, and your subscription will remain active until the end of the then-current annual period. This refund policy does not affect your statutory rights under applicable consumer protection laws.

7. Third-Party Integrations and Permissions

7.1. The Service may integrate with or enable access to Third-Party Integrations. Such integrations are subject to your explicit authorization and are governed by the respective terms, conditions, and privacy policies of each third-party provider. The Company is not responsible for, and makes no representations or warranties regarding, the availability, accuracy, reliability, security, or functionality of any Third-Party Integration.

7.2. By authorizing any Third-Party Integration, you grant the Service permission to access, retrieve, store, and process data from such third-party service to the extent necessary to provide the applicable Service functionality. You represent and warrant that you have all necessary rights, consents, and authorizations to permit such access and processing.

7.3. You acknowledge that Third-Party Integrations may be modified, suspended, or discontinued by their respective providers at any time, and the Company shall have no liability to you for any such modification, suspension, or discontinuation. The Company does not endorse any Third-Party Integration and shall not be a party to any dispute between you and any third-party provider.

7.4. With respect to Google API integrations, the Service’s use and transfer to any other app of information received from Google APIs shall adhere to the Google API Services User Data Policy, including the Limited Use requirements.

8. Customer Data and Data Processing

8.1. As between the Company and the Subscriber, the Subscriber retains all right, title, and interest in and to the Customer Data. The Subscriber grants to the Company a non-exclusive, worldwide, royalty-free license to access, use, process, store, transmit, and display the Customer Data solely to the extent necessary to provide the Service and as otherwise permitted under these Terms and the Privacy Policy.

8.2. You represent and warrant that: (a) you have all necessary rights, consents, and authorizations to collect, upload, and process the Customer Data through the Service; (b) the Customer Data, and its collection, use, and processing through the Service, does not and will not violate any applicable law, regulation, or third-party right; and (c) you have provided all required notices and obtained all required consents from data subjects whose personal information is included in the Customer Data, in accordance with all applicable data protection laws.

8.3. The Company shall implement and maintain reasonable administrative, technical, and physical safeguards designed to protect the security, confidentiality, and integrity of Customer Data against unauthorized access, disclosure, alteration, or destruction, as further described in the Privacy Policy.

8.4. Upon termination or expiration of the Subscription Term, the Company shall, at the Subscriber’s written request made within thirty (30) days of termination, make the Customer Data available for export in a commonly used, machine-readable format. After such thirty (30) day period, the Company may delete the Customer Data in accordance with its standard data retention policies, unless retention is required by applicable law.

9. Data Protection and International Data Processing

9.1. Each party shall comply with all applicable data protection and privacy laws and regulations in connection with its performance under these Terms, including but not limited to: the General Data Protection Regulation (EU) 2016/679 (“GDPR”); the UK General Data Protection Regulation (“UK GDPR”); the California Consumer Privacy Act, as amended by the California Privacy Rights Act (“CCPA/CPRA”); the Canadian Anti-Spam Legislation (“CASL”); the Lei Geral de Proteção de Dados (“LGPD”) of Brazil; the Personal Information Protection Law (“PIPL”) of China; the Personal Data Protection Act (“PDPA”) of Singapore; the Protection of Personal Information Act (“POPIA”) of South Africa; the Privacy Act 1988 of Australia; and any other applicable data protection or privacy statute or regulation (collectively, “Data Protection Laws”).

9.2. To the extent that the Company processes personal data on behalf of the Subscriber as a data processor (or “service provider” under the CCPA/CPRA), the parties shall enter into a Data Processing Agreement (“DPA”) that complies with the requirements of all applicable Data Protection Laws. The Company’s standard DPA is available upon request and is incorporated into these Terms by reference.

9.3. For the transfer of personal data from the European Economic Area, the United Kingdom, or Switzerland to countries that have not received an adequacy determination, the Company agrees to execute and abide by the EU Standard Contractual Clauses (Commission Implementing Decision (EU) 2021/914), or the UK International Data Transfer Addendum, as applicable, or to rely on such other lawful transfer mechanisms as may be available under applicable Data Protection Laws.

9.4. The Company shall promptly notify the Subscriber of any personal data breach affecting Customer Data, and shall cooperate with the Subscriber in fulfilling any data breach notification obligations under applicable Data Protection Laws.

9.5. The Company shall reasonably assist the Subscriber in responding to data subject requests (including requests for access, rectification, erasure, restriction, portability, and objection) to the extent that the Subscriber is unable to fulfill such requests independently through the Service’s self-service functionality.

10. Anti-Spam Compliance and Messaging Obligations

10.1. You acknowledge and agree that you are solely responsible for ensuring that all email, SMS, and push notification campaigns conducted through the Service comply with all applicable anti-spam and electronic messaging laws, including but not limited to:

10.2. Without limiting the foregoing, you shall: (a) obtain all necessary consents from recipients prior to sending commercial electronic messages; (b) include accurate sender identification and a functioning unsubscribe mechanism in all commercial messages; (c) honor opt-out requests within the timeframes required by applicable law; (d) maintain suppression lists and ensure that opted-out recipients do not receive further commercial messages; and (e) refrain from using the Service to send deceptive, misleading, or fraudulent messages.

10.3. The Company reserves the right to monitor compliance with this Section 10 and to immediately suspend or terminate the account of any Subscriber that, in the Company’s sole judgment, is using the Service in violation of applicable anti-spam laws.

11. Acceptable Use Policy

11.1. You agree not to use the Service, and shall ensure that your Authorized Users do not use the Service, for any purpose that is unlawful, harmful, or prohibited by these Terms. Without limiting the generality of the foregoing, you shall not:

11.2. The Company reserves the right to investigate and take appropriate legal action, including without limitation referral to law enforcement, against anyone who, in the Company’s sole discretion, violates this Section 11.

12. Intellectual Property Rights

12.1. The Service, including all software, code, algorithms, AI models, user interface designs, graphics, text, trademarks, logos, and Documentation, and all Intellectual Property Rights therein, are and shall remain the exclusive property of the Company and its licensors. Nothing in these Terms shall be construed to grant you any right, title, or interest in or to the Service or any related Intellectual Property Rights, except for the limited license expressly granted in Section 12.2.

12.2. Subject to your compliance with these Terms and payment of all applicable fees, the Company grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service during the Subscription Term solely for your internal business purposes in accordance with these Terms and the applicable Order Form.

12.3. You retain all Intellectual Property Rights in and to the Customer Data. Subject to Section 5.3 (regarding AI training), the Company does not claim any ownership interest in the Customer Data.

12.4. Any feedback, suggestions, ideas, enhancement requests, or other recommendations that you provide to the Company regarding the Service (“Feedback”) shall be deemed non-confidential and non-proprietary. You hereby grant the Company a perpetual, irrevocable, worldwide, royalty-free, fully paid-up, non-exclusive license to use, reproduce, modify, create derivative works from, distribute, and otherwise exploit any Feedback for any purpose, without obligation or compensation to you.

13. Confidentiality

13.1. Each party (“Receiving Party”) agrees to hold in confidence and not disclose to any third party any Confidential Information of the other party (“Disclosing Party”), except as expressly permitted by these Terms. “Confidential Information” means all non-public information disclosed by one party to the other, whether orally, in writing, or by any other means, that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure, including but not limited to the terms and pricing of the Agreement, Customer Data, business plans, technical data, and trade secrets.

13.2. Confidential Information shall not include information that: (a) is or becomes publicly available through no fault of the Receiving Party; (b) was rightfully known to the Receiving Party prior to disclosure by the Disclosing Party; (c) is rightfully obtained by the Receiving Party from a third party without restriction on disclosure; or (d) is independently developed by the Receiving Party without reference to the Disclosing Party’s Confidential Information.

13.3. The Receiving Party may disclose Confidential Information to the extent required by applicable law, regulation, or legal process, provided that the Receiving Party shall, to the extent legally permissible, give the Disclosing Party prompt written notice of such requirement and cooperate with the Disclosing Party in seeking a protective order or other appropriate remedy.

14. Term and Termination

14.1. These Terms are effective as of the date you first accept them or access the Service, and shall remain in effect for the duration of the Subscription Term, unless terminated earlier in accordance with this Section 14.

14.2. Monthly subscriptions may be terminated by either party upon thirty (30) days’ prior written notice before the next billing cycle. Annual subscriptions shall automatically renew for successive one-year terms unless either party provides written notice of non-renewal at least thirty (30) days prior to the expiration of the then-current annual term.

14.3. Either party may terminate the Agreement immediately upon written notice if the other party: (a) commits a material breach of these Terms and fails to cure such breach within thirty (30) days after receiving written notice thereof; (b) becomes the subject of a petition in bankruptcy, insolvency, receivership, or any similar proceeding; or (c) ceases to do business in the ordinary course.

14.4. The Company may suspend or terminate your access to the Service immediately and without prior notice if: (a) you fail to pay any amounts when due and such failure continues for more than ten (10) business days after written notice; (b) the Company reasonably determines that your use of the Service poses a security risk to the Service or to any third party; (c) you are using the Service in violation of applicable law; or (d) your use of the Service may subject the Company to legal liability.

14.5. Upon termination or expiration, all licenses granted under these Terms shall immediately cease. Sections 1, 5.2, 5.3, 6 (with respect to fees accrued prior to termination), 8.1, 12.1, 12.3, 12.4, 13, 15, 16, 17, 18, 19, 20, 21, 22, and 25 shall survive any termination or expiration of these Terms.

15. Disclaimers and Warranty Exclusions

15.1. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

15.2. WITHOUT LIMITING THE FOREGOING, THE COMPANY DOES NOT WARRANT THAT: (A) THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; (B) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) THE RESULTS OBTAINED FROM THE USE OF THE SERVICE, INCLUDING AI-GENERATED OUTPUTS, WILL BE ACCURATE, RELIABLE, OR COMPLETE; (D) ANY ERRORS IN THE SERVICE WILL BE CORRECTED; OR (E) THE SERVICE WILL BE COMPATIBLE WITH ANY THIRD-PARTY INTEGRATION.

15.3. THE COMPANY DOES NOT WARRANT OR GUARANTEE THE DELIVERABILITY OF ANY EMAIL, SMS, OR PUSH NOTIFICATION SENT THROUGH THE SERVICE. DELIVERABILITY IS DEPENDENT ON NUMEROUS FACTORS OUTSIDE THE COMPANY’S CONTROL, INCLUDING RECIPIENT EMAIL SERVICE PROVIDER POLICIES, SPAM FILTERS, CARRIER NETWORK CONDITIONS, AND RECIPIENT DEVICE SETTINGS.

15.4. CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

16. Limitation of Liability

16.1. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH: (A) YOUR USE OF OR INABILITY TO USE THE SERVICE; (B) ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR CUSTOMER DATA; (C) ANY CONTENT, PRODUCTS, OR SERVICES OBTAINED THROUGH THE SERVICE; (D) ANY AI-GENERATED OUTPUT; OR (E) ANY OTHER MATTER RELATING TO THE SERVICE, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, AND REGARDLESS OF WHETHER THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

16.2. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL FEES PAID BY YOU TO THE COMPANY DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR (B) ONE HUNDRED UNITED STATES DOLLARS (USD $100.00).

16.3. THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION 16 SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT LIABILITY FOR: (A) DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE; (B) FRAUD OR FRAUDULENT MISREPRESENTATION; (C) ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW; OR (D) THE COMPANY’S WILLFUL MISCONDUCT.

17. Indemnification

17.1. You agree to indemnify, defend, and hold harmless the Company, its affiliates, and their respective officers, directors, employees, agents, licensors, and service providers (collectively, the “Company Indemnitees”) from and against any and all claims, demands, actions, suits, proceedings, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees and court costs) arising out of or relating to: (a) your use of the Service; (b) any Customer Data you submit, upload, or transmit through the Service; (c) your violation of these Terms; (d) your violation of any applicable law, regulation, or third-party right; (e) your failure to obtain necessary consents or authorizations; or (f) any dispute between you and any third party, including any recipient of your campaigns or messages.

17.2. The Company shall have the right, at its sole discretion, to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you shall cooperate fully with the Company in asserting any available defenses.

18. Governing Law

18.1. These Terms, and any dispute, controversy, or claim arising out of or relating to these Terms or the Service, shall be governed by and construed in accordance with the laws of the State of Texas, United States of America, without regard to its conflict of laws principles.

18.2. Notwithstanding Section 18.1, if you are a consumer residing in the European Union, the European Economic Area, the United Kingdom, or any other jurisdiction that mandates the application of local consumer protection laws, nothing in these Terms shall deprive you of the protection afforded by the mandatory provisions of the laws of your country of habitual residence.

19. Binding Arbitration and Class Action Waiver

19.1. PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

19.2. Agreement to Arbitrate

You and the Company agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service (“Dispute”) shall be resolved through final and binding arbitration, rather than in court, except that either party may seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of Intellectual Property Rights or Confidential Information.

19.3. Arbitration Rules

The arbitration shall be administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules and, where applicable, its Supplementary Procedures for Consumer-Related Disputes. The arbitration shall be conducted by a single arbitrator in Collin County, Texas, United States of America, or at such other location as the parties may mutually agree. The arbitrator’s decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

19.4. Class Action Waiver

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND THE COMPANY EACH WAIVE THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND. ALL DISPUTES SHALL BE RESOLVED ON AN INDIVIDUAL BASIS. THIS CLASS ACTION WAIVER IS AN ESSENTIAL PART OF THIS ARBITRATION AGREEMENT AND SHALL NOT BE SEVERED.

19.5. Exception for Small Claims

Notwithstanding the foregoing, either party may bring an individual action in small claims court for Disputes within the jurisdiction of such court.

19.6. Opt-Out Right

You may opt out of this arbitration agreement by sending written notice of your decision to opt out to: legal@emailpilot.ai within thirty (30) days after first becoming subject to this arbitration agreement. Your opt-out notice must include your full legal name, mailing address, and account username. If you opt out, neither party shall be bound by this arbitration provision.

19.7. International Users

If you are located outside the United States, this arbitration agreement shall apply to the fullest extent permitted by the laws of your jurisdiction. If binding arbitration is not enforceable in your jurisdiction, the exclusive jurisdiction and venue for any Dispute shall be the federal and state courts located in Collin County, Texas, United States of America, and you consent to the personal jurisdiction of such courts, except where applicable local law mandates a different forum.

20. Export Compliance and Sanctions

20.1. The Service may be subject to United States export control laws, including the Export Administration Regulations, and international trade sanctions administered by the Office of Foreign Assets Control (“OFAC”). You agree to comply with all applicable export control laws, sanctions, and embargo regulations in connection with your use of the Service.

20.2. You represent and warrant that: (a) you are not located in, organized under the laws of, or a resident of any country or territory that is the subject of comprehensive U.S. sanctions (currently Cuba, Iran, North Korea, Syria, and the Crimea, Donetsk, and Luhansk regions); (b) you are not identified on any U.S. government restricted party list, including the OFAC Specially Designated Nationals and Blocked Persons List; and (c) you will not use the Service in violation of any applicable export control law or sanction.

21. Force Majeure

Neither party shall be liable for any failure or delay in the performance of its obligations under these Terms (other than payment obligations) to the extent such failure or delay results from circumstances beyond the reasonable control of such party, including but not limited to acts of God, natural disasters, epidemics, pandemics, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, strikes, power outages, telecommunications failures, internet disruptions, cyberattacks, or the act or omission of any third-party service provider (each, a “Force Majeure Event”). The affected party shall give prompt written notice to the other party of the Force Majeure Event and shall use commercially reasonable efforts to mitigate its effects. If a Force Majeure Event continues for more than sixty (60) consecutive days, either party may terminate the Agreement upon written notice.

22. General Provisions

22.1. Entire Agreement

These Terms, together with the Privacy Policy, any applicable Order Form, and any documents expressly incorporated herein by reference, constitute the entire agreement between you and the Company with respect to the subject matter hereof and supersede all prior or contemporaneous communications, proposals, agreements, and understandings, whether oral or written, relating to such subject matter.

22.2. Severability

If any provision of these Terms is held by a court or arbitrator of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be modified to the minimum extent necessary to make it valid, legal, and enforceable, and the remaining provisions shall continue in full force and effect.

22.3. Waiver

No waiver by the Company of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

22.4. Assignment

You may not assign or transfer these Terms, or any rights or obligations hereunder, without the prior written consent of the Company, and any attempted assignment without such consent shall be void. The Company may assign these Terms, in whole or in part, without restriction, including in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets.

22.5. Notices

All notices required or permitted under these Terms shall be in writing and shall be deemed duly given: (a) when delivered personally; (b) when sent by confirmed email to the address associated with your account (for notices to you) or to legal@emailpilot.ai (for notices to the Company); or (c) three (3) business days after being sent by nationally recognized overnight courier or registered or certified mail, postage prepaid, to the Company’s address at Plano, Texas, United States of America.

22.6. Independent Contractors

The relationship between the parties is that of independent contractors. Nothing in these Terms shall be construed to create a joint venture, partnership, franchise, agency, or employment relationship between the parties.

22.7. No Third-Party Beneficiaries

These Terms are for the sole benefit of the parties hereto and their respective successors and permitted assigns. Nothing in these Terms, express or implied, is intended to confer upon any third party any rights, remedies, obligations, or liabilities.

22.8. Headings

The headings and section titles in these Terms are for convenience of reference only and shall not affect the interpretation or construction of any provision of these Terms.

22.9. Electronic Communications

You consent to receive communications from the Company electronically, including by email and through the Service. You agree that all agreements, notices, disclosures, and other communications provided electronically satisfy any legal requirement that such communications be in writing.

23. Service Availability

23.1. The Company shall use commercially reasonable efforts to maintain the availability of the Service. However, the Service may be temporarily unavailable for scheduled maintenance, upgrades, or due to circumstances beyond the Company’s reasonable control. The Company shall use commercially reasonable efforts to provide advance notice of scheduled maintenance windows.

23.2. The Company does not guarantee any specific level of uptime or availability unless expressly set forth in a separate Service Level Agreement (“SLA”) executed by the parties.

24. Open-Source Software

The Service may incorporate or be distributed with open-source software components, each of which is subject to its own applicable license terms. A list of open-source components and their respective licenses is available upon request. Nothing in these Terms limits your rights under, or grants you rights that supersede, the terms of any applicable open-source license.

25. Contact Information

If you have any questions, concerns, or notices regarding these Terms, please contact us at:

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BY USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF USE.