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 and SMS 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 outcome-based pricing tied to campaign revenue:

Email Campaigns

• First campaign: Free
• Minimum: $5 per campaign
• Revenue share: 5% of tracked promo code redemptions
• Maximum: $50 per campaign

You pay whichever is higher: the $5 minimum or 5% of tracked revenue, but never more than $50.

Email + SMS Campaigns

• Minimum: $25 per campaign
• Revenue share: 5% of tracked promo code redemptions
• Maximum: $75 per campaign

SMS Activation

A one-time $49 carrier registration fee is required to enable SMS messaging. This is a pass-through fee required by The Campaign Registry (TCR) and mobile carriers for 10DLC compliance—it is not a Cherub fee.

Campaign costs are calculated 7 days after send based on promo code redemptions in your POS. Revenue generated after the 7-day window incurs no additional cost.

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

Payments are processed through Stripe 7 days after your campaign is sent. Refunds are not available once emails or SMS messages have been sent, as we incur delivery costs at the time of sending.

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 Integration Requirement

A POS connection is required to use Cherub Email. Our outcome-based pricing model depends on tracking promo code redemptions through your point-of-sale system. By connecting your POS account (Square or Clover), you authorize us to:

Read 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 and calculate billing
• Existing discounts: To suggest unique promo codes that don't conflict with your current offers

Write Access (Promo Code Management)

When you create a campaign with a promo code and enable "Sync to POS," you authorize us to:

• Create discounts: We create the promo code as a discount in your POS so your staff can apply it at checkout
• Delete expired discounts: After your campaign's offer expires (based on the "valid until" date you set), we automatically remove the discount from your POS to keep your discount list clean

You control this feature. You can:

• Choose not to sync promo codes to POS (you'll need to create discounts manually)
• Manually remove a promo code from your POS at any time through your campaign settings
• Set the expiration date for each campaign's offer

We do not modify or delete discounts that you created directly in your POS — we only manage discounts that Cherub created. Automatic cleanup occurs a few days after the offer expiration date to allow for late redemptions.

Data Limitations

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.

Disconnecting Your POS

If you need to switch POS providers (e.g., from Square to Clover), you may disconnect and reconnect a different provider. However:

• If you disconnect your POS without connecting another provider, your account will be paused
• While paused, you cannot send campaigns or access most features
• To reactivate your account, simply connect a supported POS provider
• Any Cherub-created discounts in your disconnected POS will remain until you remove them manually or reconnect

We require an active POS connection because our pricing model cannot function without revenue tracking. This ensures you only pay based on actual campaign results.

SMS Messaging

SMS messaging requires carrier registration through The Campaign Registry (TCR) and compliance with TCPA regulations. By enabling SMS, you agree to:

SMS Compliance

• Only send SMS to customers who have explicitly opted in to receive text messages from you
• Honor opt-out requests (STOP) immediately
• Not send SMS for prohibited content (adult, gambling, controlled substances, etc.)
• Include your business name in messages so recipients know who is contacting them

SMS Number Retention

Your dedicated SMS phone number remains active as long as you actively use the SMS feature. To maintain carrier compliance and manage costs:

• If no SMS campaigns are sent for 30 days, we may send a reminder
• If no SMS campaigns are sent for 60 days, we may notify you that your SMS number is scheduled for release
• If no SMS campaigns are sent for 90 days, your SMS number may be released and SMS capabilities deactivated

If your SMS number is released due to inactivity, you can re-enable SMS at any time by completing carrier registration again (the $49 carrier registration fee applies).

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.

Promo Code Cleanup

When you enable "Sync to POS" for a campaign promo code, we automatically remove the discount from your POS system after it expires. This keeps your Square or Clover discount list clean and prevents staff from accidentally applying expired offers. Cleanup occurs a few days after the "valid until" date you set. See the POS Integration section for full details on what we create and delete.

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 and SMS delivery depend on third-party services (Postmark for email, Telnyx for SMS, and receiving 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.

Inactive Accounts

To maintain service quality and manage resources, accounts that remain completely inactive may be closed:

• If no campaigns are sent for 12 consecutive months, we may send a notice that your account is scheduled for closure
• If no activity occurs within 30 days of that notice, your account may be closed

Before closure, we'll email you with instructions on how to keep your account active. If your account is closed due to inactivity, you can sign up again at any time. Your subscriber list and campaign history will not be retained after closure.

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.