Effective Date: February 1, 2021

Welcome to Emoji Genius! These Terms of Service ("Terms") constitute a legal agreement between you ("User," "you," or "your") and EG Data Insights ("Company," "we," "us," or "our"). By accessing or using our website, services, or any related applications (collectively, the "Services"), you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, please refrain from using our Services.

Acceptance of Terms
By using our Services, you affirm that you are at least 13 years old and have the legal capacity to enter into these Terms. If you are using the Services on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.

Description of Services
EG Data Insights provides an innovative Conversion Rate Optimization (CRO) tool designed to increase click-through rates, conversion rates, engagement, leads, and sales. Our technology leverages predictive power and data-driven insights to improve messaging and select the most effective emojis for your communication based on click-through and conversion rates, engagement, audience segment, brand voice, and context.

User Accounts
To access and utilize our Services, you may need to create a user account. You agree to provide accurate, current, and complete information during the registration process and to keep your account credentials confidential. You are solely responsible for all activities that occur under your account.

User Obligations
a. Prohibited Conduct: You agree not to engage in any of the following activities while using the Services:

  1. Violating any applicable laws or regulations;
  2. Infringing upon the rights of others, including intellectual property rights;
  3. Uploading, transmitting, or distributing any content that is unlawful, harmful, defamatory, or otherwise objectionable;
  4. Using the Services to engage in any form of harassment, stalking, or threats;
  5. Attempting to gain unauthorized access to our systems or interfere with the proper functioning of the Services;
  6. Impersonating any person or entity or misrepresenting your affiliation with any person or entity;
  7. Collecting or storing personal information of other users without their consent;
  8. Engaging in any activity that may adversely affect the performance or availability of the Services.

b. Responsible Use: You agree to use the Services responsibly and in compliance with applicable laws, regulations, and industry best practices. You are solely responsible for any content or materials you create, share, or promote using the Services.

Intellectual Property Rights
a. Ownership: The Services and all associated content, including but not limited to text, graphics, logos, icons, images, audio clips, and software, are the property of EG Data Insights or its licensors and are protected by intellectual property laws. You acknowledge and agree that EG Data Insights retains all right, title, and interest in the Services and content.

b. License Grant: Subject to your compliance with these Terms, EG Data Insights grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your internal business purposes.

Privacy
We respect your privacy and are committed to protecting your personal information. Our Privacy Policy governs the collection, use, and disclosure of your information. By using the Services, you consent to the practices described in the Privacy Policy.

Disclaimer of Warranties
THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. EG DATA INSIGHTS DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. EG DATA INSIGHTS DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE FROM HARMFUL COMPONENTS. USE OF THE SERVICES IS AT YOUR OWN RISK.

Limitation of Liability
IN NO EVENT SHALL EG DATA INSIGHTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, OR BUSINESS INTERRUPTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF EG DATA INSIGHTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Indemnification
You agree to indemnify, defend, and hold harmless EG Data Insights and its officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from your use of the Services, violation of these Terms, or infringement of any third-party rights.

Modifications to the Services and Terms
EG Data Insights reserves the right to modify, suspend, or discontinue the Services at any time, with or without notice. We also reserve the right to update or modify these Terms at our discretion. Any changes to the Terms will be effective upon posting the updated version on our website. It is your responsibility to review the Terms periodically to stay informed of any updates or modifications.

Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of Ontario, without regard to its conflict of laws principles. Any disputes arising out of or in connection with these Terms shall be submitted to the exclusive jurisdiction of the courts located in Ontario, Canada.

Severability
If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.

Entire Agreement
These Terms constitute the entire agreement between you and EG Data Insights regarding the subject matter herein and supersede all prior or contemporaneous communications, agreements, and understandings, whether oral or written.

If you have any questions or concerns regarding these Terms, please contact us at legal@emojigenius.com

By using our Services, you acknowledge that you have read, understood, and agreed to these Terms of Service.