Terms of Service

1. Agreement to Terms

By accessing or using DailyDraft ("the Service"), you agree to be bound by these Terms of Service ("Terms"). DailyDraft is operated by Etison LLC ("we," "us," or "our"), the company behind ClickFunnels.

If you do not agree to these Terms, you may not access or use the Service. If you are using the Service on behalf of a business or organization, you represent that you have the authority to bind that entity to these Terms.

2. Description of Service

DailyDraft is an AI-powered newsletter platform that enables users to:

• Create and manage email newsletters
• Discover and curate content using artificial intelligence
• Generate newsletter drafts with AI assistance
• Send emails to subscribers
• Track engagement analytics
• Integrate with third-party services

3. Account Registration

To use certain features of the Service, you must create an account. You agree to:

• Provide accurate, current, and complete information during registration
• Maintain and promptly update your account information
• Keep your password secure and confidential
• Accept responsibility for all activities under your account
• Notify us immediately of any unauthorized access to your account

We reserve the right to suspend or terminate accounts that violate these Terms or contain false information.

4. Subscription and Billing

4.1 Free and Paid Plans

DailyDraft offers both free and paid subscription plans. The free plan includes limited features, while paid plans ($97/month per newsletter) unlock full functionality including email sending and analytics.

4.2 Payment Terms

• Paid subscriptions are billed monthly in advance
• All fees are non-refundable except as required by law
• You authorize us to charge your payment method on file
• Prices may change with 30 days notice

4.3 Cancellation

You may cancel your subscription at any time through your account settings or the Stripe Customer Portal. Cancellation takes effect at the end of your current billing period. You retain access to paid features until the end of the period.

5. Acceptable Use

You agree not to use the Service to:

• Send unsolicited emails (spam) or violate anti-spam laws (CAN-SPAM, GDPR, CASL)
• Distribute malware, viruses, or harmful code
• Engage in phishing or fraudulent activities
• Harass, abuse, or harm others
• Infringe on intellectual property rights
• Distribute illegal, harmful, or offensive content
• Impersonate others or misrepresent your affiliation
• Interfere with or disrupt the Service's operation
• Attempt to gain unauthorized access to systems or data
• Violate any applicable laws or regulations
• Resell or redistribute the Service without authorization

6. Email Compliance

When using DailyDraft to send emails, you agree to:

• Only send emails to recipients who have consented to receive them
• Include accurate sender information and a valid physical address
• Provide a clear and functional unsubscribe mechanism
• Honor unsubscribe requests promptly (within 10 business days)
• Comply with all applicable email marketing laws and regulations
• Not purchase, rent, or use third-party email lists

We may suspend your account immediately if we detect spam or email abuse. Repeated violations may result in permanent termination.

7. Intellectual Property

7.1 Our Intellectual Property

The Service, including its software, design, logos, and documentation, is owned by Etison LLC and protected by intellectual property laws. You may not copy, modify, distribute, or reverse engineer any part of the Service without our written permission.

7.2 Your Content

You retain ownership of content you create or upload to the Service ("Your Content"). By using the Service, you grant us a limited license to:

• Store, process, and display Your Content as needed to provide the Service
• Use Your Content for AI processing to generate suggestions and improvements
• Create aggregated, anonymized data for service improvement

You represent that you have the rights to all content you upload and that Your Content does not violate any third-party rights.

8. AI-Generated Content

The Service uses artificial intelligence to generate content suggestions. You understand and agree that:

• AI-generated content is provided as suggestions and may require review and editing
• You are responsible for reviewing and approving all content before sending
• We do not guarantee the accuracy, appropriateness, or quality of AI-generated content
• You should not rely solely on AI-generated content for critical communications

9. Third-Party Services

The Service integrates with third-party services (ClickFunnels, Zapier, email providers). Your use of these integrations is subject to their respective terms and policies. We are not responsible for the actions or content of third-party services.

10. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

• MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE
• NON-INFRINGEMENT
• ACCURACY, RELIABILITY, OR COMPLETENESS OF CONTENT
• UNINTERRUPTED OR ERROR-FREE OPERATION
• RESULTS FROM USING THE SERVICE

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ETISON LLC AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR:

• INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
• LOSS OF PROFITS, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES
• DAMAGES RESULTING FROM YOUR USE OR INABILITY TO USE THE SERVICE
• ANY THIRD-PARTY CONDUCT OR CONTENT

OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

12. Indemnification

You agree to indemnify and hold harmless Etison LLC and its affiliates from any claims, damages, losses, or expenses (including attorney fees) arising from:

• Your use of the Service
• Your violation of these Terms
• Your violation of any third-party rights
• Content you create, upload, or send through the Service

13. Termination

We may suspend or terminate your account at any time for any reason, including violation of these Terms. Upon termination:

• Your right to use the Service immediately ceases
• We may delete your data after a reasonable retention period
• Provisions that should survive termination will remain in effect

You may terminate your account at any time through account settings.

14. Dispute Resolution

14.1 Governing Law

These Terms are governed by the laws of the State of Georgia, without regard to conflict of law principles.

14.2 Arbitration

Any disputes arising from these Terms or the Service shall be resolved through binding arbitration in accordance with the American Arbitration Association rules. Arbitration will take place in Cherokee County, Georgia.

14.3 Class Action Waiver

You agree to resolve disputes on an individual basis and waive any right to participate in class actions or class arbitrations.

15. Changes to Terms

We may modify these Terms at any time. We will notify you of material changes by posting the updated Terms and updating the "Last updated" date. Continued use of the Service after changes constitutes acceptance of the modified Terms.

16. General Provisions

• Entire Agreement: These Terms constitute the entire agreement between you and Etison LLC regarding the Service.
• Severability: If any provision is found unenforceable, the remaining provisions remain in effect.
• Waiver: Failure to enforce a provision does not waive our right to enforce it later.
• Assignment: You may not assign these Terms without our consent. We may assign our rights freely.
• Notices: We will send notices to the email address on your account. You should send notices to [email protected].

17. Contact Information

For questions about these Terms, please contact us:

• Email: [email protected]
• Address: Etison LLC, Canton, GA 30114