Who may use emlOPS

You must be at least 18 years old and able to form a binding contract. emlOPS is a business product: you may use it only in the course of your trade, business, profession, or organization, and not as a consumer for personal, family, or household purposes. If you use the Service for an organization, "you" means you and that organization.

The Service

emlOPS provides an email operations workspace: connected mailboxes, AI-prepared organisation, summaries, and drafts, a review queue for outbound mail, rules, optional automatic replies, and an agent dock through which AI agents you choose can read and propose within limits you set, and can send only under a sending policy you approve. We may change, add, suspend, or discontinue features at any time. Where a change materially reduces the core functionality of a paid plan, we will tell you in advance when reasonably possible. Preview and beta features are provided as is and may change or end without notice.

Your account and security

You are responsible for all activity in your account, including by the people you invite, the agents you connect, and the keys and policies you issue. Keep your credentials confidential and tell us promptly at info@emlops.com if you believe an account, key, or connected mailbox has been compromised. We are not responsible for losses caused by use of your credentials, keys, or devices, whether or not you authorized it.

Connected accounts and third-party services

By connecting a mailbox, calendar, file store, or application, you authorize us to access it and to act on it as the features you use require, and you confirm that you have the right to do so. Google, Microsoft, Apple, OpenAI, Composio, Stripe, and other third parties provide their services under their own terms. We do not control them and are not responsible for their availability, accuracy, security, changes, or actions, including a provider revoking access, changing an interface, limiting requests, or failing to deliver, store, or return a message.

AI features

emlOPS uses artificial intelligence to classify, prioritize, summarize, search, and draft. AI output is generated automatically and may be incomplete, inaccurate, out of date, or inappropriate, and it may misread a message. AI output is not legal, financial, tax, medical, or other professional advice. Confidence scores, priorities, lanes, and summaries are estimates, not guarantees. You are responsible for reviewing AI output before you rely on it or send it, and for every decision you make with it.

Automatic replies, sending policies, and agents

Some features can send email from your mailbox without your review of each message: automatic replies you switch on for a mailbox, sending policies you approve for a key, and agents you connect through the agent dock (together, "Automated Sending"). Automated Sending is optional, off by default, and switched on only by you.

YOU USE AUTOMATED SENDING ENTIRELY AT YOUR OWN RISK. AI can misread a conversation, state something that is not true, make or imply a commitment, write to the wrong person, or send something you would not have sent, and a sent email cannot be recalled.

Every message sent from your mailbox, including by Automated Sending, is sent by you and in your name. You alone are responsible for its content, recipients, timing, and consequences, including any contract, commitment, statement, disclosure, or omission in it, and for complying with every law that applies to it, including laws on commercial email, automated or AI-generated communications and their disclosure, record-keeping, privacy, and professional conduct.

The limits emlOPS applies, such as writing only to people you have corresponded with, confidence thresholds, a second automated check, a hold with undo, daily caps, outbound safety checks, reports of each send, and your ledger, reduce risk but do not remove it. We do not promise that they will catch every error, that any message will or will not be sent, or that any report will be delivered.

TO THE FULLEST EXTENT PERMITTED BY LAW, YOU RELEASE EVKII AND ITS OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AND AGENTS FROM ALL CLAIMS, DAMAGES, AND LIABILITIES ARISING FROM OR RELATED TO ANY MESSAGE SENT, NOT SENT, DELAYED, OR MISDIRECTED BY AUTOMATED SENDING. YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY," AND ANY SIMILAR LAW OF ANY OTHER JURISDICTION.

We may pause, limit, or switch off Automated Sending for any mailbox or key at any time, including when we believe it is being used unsafely or unlawfully. An agent you connect acts for you; you are responsible for choosing it, for the permissions and policies you give it, and for everything it does.

Your responsibilities

You are responsible for the mailboxes and accounts you connect, for having a lawful basis to process the information in them, and for any notice or consent owed to the people whose information they contain.

emlOPS is not a backup, archiving, or records-retention service. Your mail stays with your provider; keep your own copies of anything you need, and do not rely on the Service for legal holds, regulatory archiving, or deadlines.

Unless we have agreed otherwise in writing, do not use the Service to process protected health information under HIPAA, payment card data, government identification numbers, or other information subject to special legal requirements. If you do, you are solely responsible for compliance.

Acceptable use

Do not use the Service for unlawful, fraudulent, or deceptive activity; unauthorized access to any mailbox or system; spam or unsolicited bulk mail; harassment or threats; malware; infringement or misappropriation of anyone's rights; circumventing the limits, ceilings, or safety checks the Service enforces; reverse engineering, scraping, or testing the Service's security without our written permission; reselling the Service or using it to build a competing product; or violating the policies of the providers you connect. Do not connect an agent you have not authorized to act for you.

Your data

As between you and us, you own the mail, contacts, files, and other content you connect or create ("Customer Data"). You grant EVKii a worldwide, non-exclusive, royalty-free license to host, copy, process, transmit, and display Customer Data as needed to provide, secure, support, and improve the Service for you, as described in the Privacy Policy and, where it applies, the Data Processing Addendum. We do not sell Customer Data or use it to train generalized AI models. We may use aggregated and de-identified information about how the Service is used and performs, which does not include the contents of your mail or identify you, to operate and improve the Service. You are responsible for the accuracy, quality, and legality of Customer Data and for having the rights to connect it.

Our property and feedback

EVKii and its licensors own the Service, including its software, designs, text, and trademarks. Subject to these Terms and payment of applicable fees, we grant you a limited, non-exclusive, non-transferable, revocable right to use the Service for your business during your subscription. If you send us suggestions or feedback, you grant us a perpetual, irrevocable, royalty-free right to use them without obligation to you.

Plans, billing, and renewal

Plans are priced per workspace, with additional team seats priced per person per month. Prices, included mailboxes and seats, and the renewal cadence are shown before checkout and in your billing portal. Subscriptions renew automatically, monthly or annually as chosen, until cancelled, and you authorize us, through Stripe, to charge your payment method for each renewal. Fees exclude taxes, which you are responsible for.

We may change prices with at least thirty days' notice by email; the new price applies from your next renewal after the notice period. Failed payments are retried; access may be suspended after fourteen days of non-payment and is restored when payment succeeds. Fees are non-refundable except as Section 12 provides or the law requires.

Cancellation and refunds

You may cancel at any time from the billing portal or by emailing us. Cancellation takes effect at the end of the current billing period; you keep access until then, and you are not charged again.

If emlOPS is not right for you, tell us within fourteen days of the first charge on a new subscription and we will refund that charge in full. Renewals, seat additions, and partial periods are otherwise non-refundable except where the law requires a refund. Please contact us before disputing a charge with your bank; we resolve billing questions within two business days.

Suspension and termination

We may suspend or terminate your access at any time, with or without notice, if you breach these Terms, if your use creates risk or possible legal exposure for us, other customers, providers, or the Service, if a provider or the law requires it, or if payment fails. You may cancel at any time. When your access ends, your right to use the Service ends; where the Service still permits it, you may export Customer Data for thirty days, after which it is deleted as described in the Privacy Policy. Sections 5 through 7, 9, 10, and 13 through 22 survive, as does any obligation to pay fees owed.

Confidentiality

Each party will protect the other's non-public information with reasonable care and use it only to perform under these Terms. This does not apply to information that is public through no fault of the receiving party, already known to it, independently developed, or rightfully received from someone else, or to disclosures the law requires.

Indemnification

You will defend, indemnify, and hold harmless EVKii and its affiliates, officers, directors, employees, contractors, and agents from and against all third-party claims, demands, suits, and proceedings, and all resulting losses, damages, liabilities, judgments, settlements, fines, penalties, costs, and expenses (including reasonable attorneys' fees), arising out of or related to (a) Customer Data or any message sent from your mailbox, including by Automated Sending; (b) your use of the Service, including the agents you connect and the keys and policies you issue; (c) your breach of these Terms or violation of any law; or (d) your violation of any third party's rights. We may control the defense of any such claim at your expense, and you may not settle a claim that imposes any obligation on us without our written consent.

Disclaimer of warranties

THE SERVICE, INCLUDING ALL AI OUTPUT, AUTOMATED SENDING, REPORTS, CONTENT, AND INFORMATION, IS PROVIDED "AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS." TO THE FULLEST EXTENT PERMITTED BY LAW, EVKII AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AND QUIET ENJOYMENT, AND ANY WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; THAT AI OUTPUT, SUMMARIES, CLASSIFICATIONS, OR DRAFTS WILL BE ACCURATE, COMPLETE, OR APPROPRIATE; THAT MESSAGES WILL BE SYNCHRONIZED, SENT, DELIVERED, HELD, OR REPORTED AS EXPECTED; OR THAT CUSTOMER DATA WILL NOT BE LOST, CORRUPTED, OR ACCESSED WITHOUT AUTHORIZATION. YOU ARE RESPONSIBLE FOR KEEPING YOUR OWN BACKUPS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, CREATES ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL EVKII OR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, BUSINESS, GOODWILL, OPPORTUNITY, OR ANTICIPATED SAVINGS, ANY LOSS OR CORRUPTION OF DATA, ANY BUSINESS INTERRUPTION, OR THE COST OF SUBSTITUTE SERVICES, ARISING OUT OF OR RELATED TO THE SERVICE OR THESE TERMS, INCLUDING FROM AI OUTPUT, AUTOMATED SENDING, MESSAGES SENT OR NOT SENT, ERRORS, OMISSIONS, DELAYS, SECURITY INCIDENTS, OR THIRD-PARTY SERVICES, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, WHETHER CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THEIR POSSIBILITY.

TO THE FULLEST EXTENT PERMITTED BY LAW, EVKII'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF THE AMOUNTS YOU PAID EVKII FOR THE SERVICE IN THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO THE LIABILITY, OR ONE HUNDRED U.S. DOLLARS (US$100).

THESE LIMITS APPLY EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE, AND THEY ARE AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN US; THE PRICE OF THE SERVICE REFLECTS THEM. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES; THERE, EVKII'S LIABILITY IS LIMITED TO THE FULLEST EXTENT THE LAW PERMITS. NOTHING IN THESE TERMS LIMITS LIABILITY THAT THE LAW DOES NOT ALLOW TO BE LIMITED, SUCH AS LIABILITY FOR FRAUD OR WILLFUL MISCONDUCT. YOUR PAYMENT AND INDEMNIFICATION OBLIGATIONS ARE NOT LIMITED BY THIS SECTION.

Dispute resolution, arbitration, and class-action waiver

Informal resolution first. Before starting any claim, the party with the dispute will send the other a written notice describing it and the relief sought (to us at info@emlops.com and our address below), and the parties will try in good faith to resolve it for sixty days.

Binding arbitration. Except as this Section provides, any dispute, claim, or controversy arising out of or relating to these Terms or the Service, including their formation, interpretation, scope, and enforceability and the arbitrability of any claim (a "Dispute"), will be resolved by final and binding individual arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, before a single arbitrator, seated in San Diego County, California, and conducted in English. The Federal Arbitration Act governs this Section. The arbitrator may award the same individual relief a court could, but only in favor of the party seeking relief and only to the extent needed for that party's individual claim. Judgment on the award may be entered in any court with jurisdiction.

Exceptions. Either party may bring an individual claim in small-claims court, and either party may seek injunctive or other equitable relief in court to protect its intellectual property or confidential information or to stop unauthorized use of the Service.

CLASS-ACTION AND JURY-TRIAL WAIVER. YOU AND EVKII EACH WAIVE THE RIGHT TO A JURY TRIAL AND THE RIGHT TO BRING OR PARTICIPATE IN ANY CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION OR ARBITRATION. DISPUTES WILL BE RESOLVED ONLY ON AN INDIVIDUAL BASIS. If this waiver is found unenforceable as to any claim, that claim alone will be severed and decided by a court after the individual arbitration of every other claim, and any claim for public injunctive relief will likewise be decided by a court after the individual claims are arbitrated.

Opting out. You may opt out of arbitration within thirty days after you first accept these Terms by emailing info@emlops.com with your name, your account email, and a statement that you opt out of arbitration.

Time limit. To the fullest extent permitted by law, any Dispute must be started within one year after it arises, or it is permanently barred.

If this arbitration agreement does not apply to a Dispute, the Dispute will be decided exclusively by the state or federal courts located in San Diego County, California, and each party consents to their jurisdiction and venue.

Governing law

These Terms and any Dispute are governed by the laws of the State of California and applicable federal law of the United States, without regard to conflict-of-laws rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

General terms

These Terms, the Privacy Policy, the Data Processing Addendum where it applies, and any order form are the entire agreement between you and EVKii about the Service and supersede any prior agreements on that subject. You may not assign these Terms without our written consent; we may assign them to an affiliate or to a successor in a merger, acquisition, or sale of assets. We are not liable for any delay or failure caused by events beyond our reasonable control, including provider or internet outages, cyberattacks, acts of government, labor disputes, and natural disasters. The parties are independent contractors, and there are no third-party beneficiaries. If any provision is found unenforceable, it will be enforced to the maximum extent permissible and the rest will remain in effect. Our failure to enforce a provision is not a waiver. You consent to receive notices electronically, by email or in the Service. You will comply with applicable export control and sanctions laws and represent that you are not a person with whom such laws prohibit us from dealing. "Including" means including without limitation.

Changes to these Terms

We may update these Terms. We will post the new version here with a new date and, for material changes, notify account holders by email or in the Service at least fourteen days before they take effect. Changes to Section 18 will not apply to any Dispute of which we had notice before the change. Continued use of the Service after the effective date means you accept the change; if you do not agree, stop using the Service and cancel before then.

Contact

Legal inquiries and notices: info@emlops.com. EVKii, Inc., 7040 Avenida Encinas #104-441, Carlsbad, CA 92011.