Terms of Service

The Service

Cherub Email is an email marketing platform that helps small businesses send honest, non-manipulative marketing emails to their customers. The service includes:

• Email campaign creation and sending
• Subscriber list management with automatic list hygiene
• AI-powered copy generation based on your business and products
• Campaign performance tracking
• POS integration (Square, Clover) for product intelligence and revenue attribution
• Industry-relevant event reminders and campaign suggestions
• QR code sign-up tools with printable materials
• Automatic welcome emails for new subscribers
• Holiday hours and closure announcements
• Review request campaigns (Google, Yelp)

Your Account

To use Cherub Email, you must:

• Be at least 18 years old
• Provide accurate information when creating your account
• Keep your login credentials secure
• Be authorized to act on behalf of any business you register

You're responsible for all activity under your account.

Pricing and Payment

Cherub Email uses pay-per-campaign pricing:

• First campaign: Free (up to 500 subscribers)
• Campaign fee: $3.00 (includes copy generation and your first 100 emails)
• Additional emails: $0.01 per email beyond the first 100

Your first campaign is free for up to 500 subscribers. After that, standard pricing applies.

Prices may change with notice. We'll email you before any price increases take effect.

You pay when you send a campaign, not before. Payments are processed through Stripe. Refunds are generally not available once emails have been sent, since we've already incurred sending costs.

Email Sending Rules

This is important. When using Cherub Email, you agree to:

Only email people who want to hear from you

• Only send to people who have opted in to receive emails from you
• Never use purchased, rented, or scraped email lists
• Honor unsubscribe requests immediately
• Keep records of how each subscriber joined your list

Follow email laws

• Include a working unsubscribe link in every email (we add this automatically)
• Include your business name and physical address (we add this automatically)
• Don't use misleading subject lines or sender names
• Comply with CAN-SPAM, GDPR, CASL, and other applicable laws

Don't send prohibited content

• No spam or unsolicited bulk email
• No illegal content or offers
• No adult content, gambling, or controlled substances
• No phishing, malware, or deceptive content
• No hate speech, harassment, or threats
• No get-rich-quick schemes, MLM, or pyramid schemes

We may suspend or terminate your account if you violate these rules. Serious violations may be reported to appropriate authorities.

Your Data

You own your data. Your subscriber lists, campaign content, and business information belong to you. We process this data to provide the service, not for our own purposes.

You can export or delete your data at any time. See our Privacy Policy for details on how we handle data.

Our Intellectual Property

Cherub Email, including its design, code, and branding, belongs to us. You may not copy, modify, or reverse-engineer the service.

When you use our copy generation feature, the generated content is yours to use. We don't claim ownership of emails you create.

POS Integrations (Square, Clover)

If you connect your POS account (Square or Clover), you authorize us to access:

• Product catalog: Item names and categories to help our AI mention products you actually sell
• Recent orders: To identify which products are actively selling (used to inform email copy)
• Promo code redemptions: To track revenue generated by your campaigns

We use this data solely to improve your email campaigns and track their performance. We do not access customer personal information, payment details, or data beyond what's necessary for these features. These integrations are governed by each provider's terms of service in addition to ours.

You can disconnect your POS at any time from your account settings.

AI-Generated Content

Cherub Email uses artificial intelligence to draft email content based on your business information, products, and campaign details. You should:

• Review all AI-generated content before sending
• Verify that product names, prices, and offers mentioned are accurate
• Edit content as needed to match your voice and current offerings

You are responsible for the final content of emails sent through your account. AI-generated content is a starting point, not a finished product.

Automatic Features

Cherub Email includes several automatic features designed to help you and protect your sender reputation:

Welcome Emails

When new subscribers join your list via QR code, we automatically send them a branded welcome email on your behalf. This email confirms their subscription and introduces your business. These welcome emails are sent from your configured email address.

List Hygiene

We automatically maintain your list health by:

• Marking hard-bounced email addresses as inactive
• Removing addresses that generate spam complaints
• Tracking engagement to identify inactive subscribers

This protects your sender reputation and improves deliverability. We do not delete subscriber records — we mark them inactive so you retain historical data.

Campaign Suggestions

We may send you suggestions for timely campaigns based on your industry and upcoming events. These are suggestions only — you decide whether to act on them. No campaigns are sent automatically on your behalf.

Service Availability

We aim for high availability but don't guarantee 100% uptime. Email delivery depends on third-party services (Postmark, receiving email servers) that we don't control.

We may temporarily suspend the service for maintenance, security issues, or to address abuse.

Limitation of Liability

Cherub Email is provided "as is." We don't guarantee that:

• Every email will be delivered (spam filters happen)
• Campaign results will meet your expectations
• The service will be error-free or uninterrupted

To the extent permitted by law, our liability is limited to the amount you've paid us in the past 12 months. We're not liable for indirect damages, lost profits, or lost data.

Indemnification

You agree to defend and hold us harmless from claims arising from:

• Your violation of these terms
• Your email content or sending practices
• Your violation of any law or third-party rights

Termination

You can cancel anytime. Delete your account from settings, and we'll remove your data within 30 days.

We can terminate for cause. If you violate these terms, we may suspend or terminate your account. We'll try to give you notice when possible, but serious violations (like sending spam) may result in immediate termination.

Changes to These Terms

We may update these terms. Significant changes will be communicated by email at least 30 days before taking effect. Continued use after changes means you accept the new terms.

Governing Law

These terms are governed by the laws of the State of Texas. Any disputes will be resolved in the courts of Texas.

Contact

Questions about these terms? Email legal@cherubemail.com.