Authority to Accept; Electronic Transactions; Authorized Users. Any individual who accepts this Agreement, approves an Order, authorizes payment, or otherwise acts on behalf of an organization (“Customer”) represents that the individual has authority to bind Customer. Customer authorizes EmoryDay to reasonably rely on actions and communications from that individual and from Customer’s employees, contractors, administrators, and other users whom Customer authorizes or permits to use its account (“Authorized Users”).
Customer is responsible for its Authorized Users, permissions, email accounts, and credentials until EmoryDay receives notice that authority or access has been revoked. Revocation applies prospectively and does not invalidate prior actions, approvals, charges, or obligations. Customer also confirms and ratifies the Agreement by paying for, accessing, using, receiving, or accepting the benefits of the Services, Software, Platform, or Deliverables after receiving the Agreement or applicable Order.
Customer consents to electronic transactions. Clicking an acceptance button or checkbox, applying an electronic signature, or completing another affirmative acceptance process has the same effect as a handwritten signature. EmoryDay may retain and rely upon acceptance records, including the accepting individual’s identity, business email address, acceptance date and time, IP address, account information, and the document version accepted. No individual becomes personally liable for Customer’s obligations solely by accepting on Customer’s behalf unless the individual separately agrees to a written personal guaranty.
These Marketing Services and Platform Agreement Terms (the “Terms”) govern the marketing, creative, consulting, implementation, and related professional services (“Professional Services”) and the hosted software, dashboards, applications, features, APIs, and related technology made available by EmoryDay (“Platform” or “Software Services”). EmoryDay is referred to as “Provider,” “EmoryDay,” “we,” “us,” or “our,” and the customer identified in an Order is referred to as “Customer,” “you,” or “your.” An “Order” means a proposal, marketing plan, statement of work, order form, subscription selection, or other written agreement that references these Terms. Professional Services and Software Services are collectively the “Services.”
Customer represents that it is acquiring the Services solely for commercial, professional, or other business purposes and not for personal, family, or household use. If an individual accepts the Agreement on behalf of an entity, that individual represents that the entity, rather than the individual personally, is the Customer unless the applicable Order expressly states otherwise.
Customer accepts these Terms by: (a) signing an Order that identifies these Terms by title, effective date, version, or hyperlink; (b) electronically accepting these Terms through a checkbox, button, or comparable affirmative process; or (c) after receiving these Terms and being informed that continued use constitutes acceptance, using paid Services after the applicable renewal date. The Order and the version of these Terms accepted by Customer together constitute the “Agreement.” EmoryDay may retain an electronic or paper record of acceptance, including the accepted version, date, time, account, and accepting user, and that record is admissible as evidence of acceptance.
An Order overrides these Terms only if the Order: (i) specifically identifies the section being changed; (ii) expressly states that it overrides that section; and (iii) is signed or electronically accepted by authorized representatives of both parties. A general or inconsistent description in a proposal, purchase order, email, sales presentation, demonstration, website, support communication, or other material does not override these Terms. Any Customer purchase order or similar document is for administrative convenience only and does not modify the Agreement unless EmoryDay expressly agrees in a writing signed by an authorized representative.
CUSTOMER ACKNOWLEDGES THAT SECTIONS 14, 15, 16, AND 20 CONTAIN MATERIAL PROVISIONS CONCERNING INDEMNIFICATION, EXCLUDED DAMAGES, LIMITATIONS OF LIABILITY, THE TIME FOR BRINGING CLAIMS, AND THE WAIVER OF CLASS OR REPRESENTATIVE ACTIONS. CUSTOMER’S ACCEPTANCE CONFIRMS THAT CUSTOMER RECEIVED OR COULD ACCESS THESE TERMS BEFORE ACCEPTANCE, HAD AN OPPORTUNITY TO REVIEW THEM, AND AGREES THAT THESE PROVISIONS ARE A MATERIAL BASIS OF THE PARTIES’ BARGAIN.
1. Authority and Relationship
Each party represents that it has authority to enter into the Agreement. The parties are independent contractors. Nothing in the Agreement creates an employment, fiduciary, partnership, franchise, agency, or joint-venture relationship. Neither party may bind the other except as expressly authorized in writing.
1.1 Authorized Representatives and Account Administrators
Customer represents that each person who signs an Order, electronically accepts the Agreement, submits an approval, or administers Customer’s account has authority to act for Customer within the apparent scope of that person’s role. Customer is responsible for promptly restricting or removing authority and account access when personnel or responsibilities change.
1.2 No Reliance on Unincorporated Statements
Customer acknowledges that it is entering into the Agreement based only on the obligations expressly stated in the Agreement. Customer is not relying on any forecast, estimate, illustration, demonstration, oral statement, sales statement, website content, email, roadmap, proposed feature, or other representation not expressly incorporated into an Order in accordance with the override requirements above. Nothing in this Section limits liability for fraudulent misrepresentation that cannot lawfully be disclaimed.
2. Professional Services
2.1 Scope
EmoryDay will provide the Professional Services and customer-specific deliverables described in the applicable Order (“Service Deliverables”). Professional Services may include strategy, consulting, implementation, configuration, onboarding, website design and development, content, advertising, lead generation, email, text messaging, search marketing, social media, reporting, training, and related work. Access to the Platform is governed separately by Section 6 and does not become a Service Deliverable merely because it is included in the same Order.
2.2 Changes and Additional Work
Customer priorities may change during an engagement. The parties may reallocate work within the purchased service level by mutual agreement. Work beyond the applicable scope, allocated hours, usage limits, or service level requires written approval and may result in additional fees. Approval by email or through the EmoryDay platform is sufficient.
2.3 Estimates and Schedules
Dates, schedules, forecasts, budgets, performance projections, and estimates are good-faith estimates unless an Order expressly identifies a firm commitment. EmoryDay is not responsible for delays caused by Customer, a third party, platform review, account suspension, force majeure, or missing approvals, access, information, or materials.
2.4 Subcontractors
EmoryDay may use employees, affiliates, contractors, and specialized vendors to perform the Services. EmoryDay remains responsible for their performance to the same extent it would be responsible for its own performance under the Agreement.
3. Customer Cooperation and Approvals
3.1 Information, Access, and Personnel
Customer will timely provide accurate information, materials, access credentials, approvals, budgets, and knowledgeable personnel reasonably required to perform the Services. Customer will maintain current administrative access to its domains, websites, advertising accounts, analytics, social accounts, email systems, telephone numbers, and other business systems.
3.2 Delays Caused by Customer
If Customer does not provide required information, access, decisions, or approvals, EmoryDay may adjust the schedule, reallocate available capacity, suspend affected work, or deliver other in-scope work. Customer remains responsible for recurring fees and reserved capacity during a Customer-caused delay.
3.3 Review and Approval
Customer is responsible for reviewing deliverables for accuracy, legality, claims substantiation, brand compliance, and suitability before publication or use. Approval may be given by email, through the platform, during a recorded meeting, or by publication or use of the deliverable. Customer’s approval does not waive a written warranty expressly provided by EmoryDay, but it confirms that Customer accepts the business content, factual claims, offers, prices, disclosures, and instructions contained in the approved deliverable. Approval alone does not convert material independently created or selected by EmoryDay into Customer Materials or change the source, ownership, or licensing responsibility otherwise assigned under the Agreement.
3.4 Deemed Approval
If Customer does not provide requested feedback within ten business days, EmoryDay may treat the deliverable as accepted for scheduling and capacity-planning purposes. Deemed approval does not authorize publication where Customer’s express approval is legally required or specifically required by an Order.
4. Customer Materials and Legal Compliance
4.1 Customer Materials
“Customer Materials” means all text, photographs, video, audio, graphics, logos, trademarks, data, lists, testimonials, claims, instructions, and other materials supplied by Customer or its representatives, or specifically selected, requested, or directed by Customer for inclusion in the Services or a deliverable. Customer’s general approval of a deliverable does not, by itself, make independently created or independently selected material a Customer Material.
4.2 Customer Rights and Permissions
Customer represents and warrants that it owns or has obtained all rights, licenses, permissions, consents, and releases necessary for EmoryDay to receive, reproduce, modify, display, distribute, transmit, and otherwise use Customer Materials as directed. Customer will not provide material that infringes intellectual-property, privacy, publicity, confidentiality, contractual, or other rights.
4.3 Customer’s Business and Claims
Customer is solely responsible for the legality, safety, quality, fulfillment, warranties, pricing, and regulatory compliance of its products and services. Customer represents that its advertising and marketing claims are truthful, supportable, and not misleading and that it will provide substantiation upon request.
4.4 Marketing and Communications Laws
Customer is responsible for identifying laws and industry rules applicable to its business, audiences, data, and communications. Customer will obtain and maintain legally sufficient permissions and will honor opt-outs, suppression lists, consent requirements, privacy requests, and do-not-contact obligations. This responsibility includes, as applicable, compliance with privacy, telemarketing, email, text-messaging, advertising, professional-services, healthcare, financial-services, and consumer-protection requirements.
4.5 Provider’s Right to Decline or Suspend
EmoryDay may decline, remove, pause, or suspend material or activity that it reasonably believes may violate law, platform policy, third-party rights, the Agreement, or accepted industry practice. EmoryDay’s review or assistance does not constitute legal advice or shift Customer’s compliance responsibilities to EmoryDay.
5. Third-Party Materials, Stock Assets, and Services
5.1 Third-Party Materials
Stock photography, footage, fonts, music, software, templates, plugins, data, artificial-intelligence models, and other third-party materials (“Third-Party Materials”) remain subject to their owners’ terms and licenses. They are not transferred as Customer-owned Work Product merely because they are included in a deliverable.
5.2 Scope of Third-Party Licenses
Unless EmoryDay expressly states otherwise in writing, a Third-Party Material license is limited to the deliverable, website, campaign, account, medium, territory, term, or use for which it was obtained. Customer may not extract, resell, sublicense, redistribute, separately reuse, or use Third-Party Materials outside that scope.
5.3 Customer-Selected Materials
Customer is responsible for Third-Party Materials that Customer supplies, selects, requests, purchases, or directs EmoryDay to use. EmoryDay may rely on Customer’s representation that those materials are properly licensed.
5.4 Provider-Selected Licensed Materials
When EmoryDay independently selects a Third-Party Material for incorporation into a deliverable (“Provider-Selected Licensed Material”), EmoryDay will obtain it from an established licensing source or other source that EmoryDay reasonably believes is authorized to license the material. EmoryDay will maintain reasonably available documentation of the source, purchase, subscription, or license for as long as EmoryDay knows the material remains published or in use and, in all events, for at least seven years after the later of delivery of the applicable deliverable or the end of EmoryDay’s responsibility for hosting or publishing that deliverable. Where the source provides a license record or usage restriction suitable for customer handoff, EmoryDay will provide or identify that information upon reasonable request during the retention period.
EmoryDay represents only that, based on the documentation and license terms reasonably available when the material is incorporated, EmoryDay is authorized to use the Provider-Selected Licensed Material in the deliverable for the intended use identified in the Order. EmoryDay does not warrant ownership of Third-Party Materials, the continued availability or solvency of the licensor, or uses beyond the documented license scope.
Customer must notify EmoryDay promptly after receiving any demand, inquiry, takedown notice, or other communication concerning a Provider-Selected Licensed Material; must preserve the affected material and relevant records without alteration; and must not admit liability, agree to payment, or materially respond on EmoryDay’s behalf without EmoryDay’s written consent. At EmoryDay’s request, Customer will promptly suspend or remove the affected material while the matter is investigated. Removal is not an admission by either party.
5.5 Third-Party Services
Advertising networks, hosting companies, domain registrars, social networks, email providers, telephone carriers, data providers, payment processors, analytics services, and other third-party platforms are independent services governed by their own terms. EmoryDay is not responsible for their availability, security, policies, pricing, review decisions, account suspensions, data loss, algorithm changes, or performance. Customer remains responsible for fees charged by those services unless the Order states otherwise.
5.6 License Records
Customer must retain records supporting its rights to Customer Materials, Customer-selected Third-Party Materials, and any license documentation delivered by EmoryDay for as long as the material remains in use and for at least seven years afterward. Unless an Order states otherwise, EmoryDay has no obligation to retain general project or source files for more than three years after the applicable deliverable is completed. Provider-Selected Licensed Material records are governed by the longer retention period in Section 5.4.
5.7 Post-Delivery and Continuing Publication
After delivery, publication, account transfer, or termination, Customer is responsible for the continued possession, hosting, publication, modification, reuse, and distribution of all content and deliverables under Customer’s ownership or control. EmoryDay has no continuing duty to monitor previously delivered materials for later claims, license expiration, ownership changes, platform-rule changes, or changes in law. Customer must promptly discontinue or modify affected material after receiving notice of a potential rights claim.
6. Software Services, Platform Access, and Acceptable Use
6.1 Subscription Access and Limited License
Subject to payment of applicable fees and compliance with the Agreement, EmoryDay grants Customer during the applicable subscription term a limited, nonexclusive, nontransferable, nonsublicensable right for Customer’s authorized users to access and use the Software Services solely for Customer’s internal business purposes and within the limits stated in the Order. The Platform is licensed as a hosted service and is not sold. No ownership of the Platform, software, source code, underlying technology, or Provider Materials transfers to Customer.
6.2 Authorized Users and Account Security
Customer is responsible for its authorized users, credentials, permissions, devices, and all activity occurring through its accounts. Customer will use reasonable security practices, restrict access to authorized personnel, require unique credentials, and notify EmoryDay promptly of suspected unauthorized access. Customer may not share an individual user account among multiple people or permit access by a competitor of EmoryDay without written permission.
6.3 Restrictions and Acceptable Use
Customer will not, and will not permit a third party to: (a) use the Platform or Services to violate law, infringe rights, or send unlawful, deceptive, abusive, or unwanted communications; (b) upload malicious code or interfere with security, integrity, or operation; (c) reverse engineer, decompile, disassemble, translate, copy, frame, mirror, scrape, or attempt to discover source code, nonpublic APIs, models, prompts, methods, or underlying structure except to the limited extent a restriction is prohibited by law; (d) bypass security, access controls, rate limits, or usage restrictions; (e) resell, sublicense, rent, timeshare, distribute, or provide the Platform as a service bureau; (f) remove proprietary notices; (g) use the Platform to build, train, benchmark, or improve a competing product or publicly disclose nonpublic benchmark results without written consent; or (h) exceed applicable usage limits.
6.4 Usage Limits and Suspension
An Order may specify limits for users, contacts, messages, storage, telephone numbers, API requests, credits, data, processing, or other usage. Customer is responsible for usage through its accounts and for applicable overage charges. EmoryDay may throttle, limit, or suspend access to the extent reasonably necessary to prevent security risks, unlawful activity, harm to the Platform or others, material overuse, nonpayment, or violation of the Agreement. Where practicable, EmoryDay will provide notice and an opportunity to cure.
6.5 Availability, Maintenance, and Support
EmoryDay will use commercially reasonable efforts to make paid Software Services available, subject to scheduled maintenance, emergency maintenance, third-party dependencies, Internet and carrier failures, security events, force majeure, and other circumstances outside EmoryDay’s reasonable control. No service-level commitment, uptime percentage, response or resolution time, recovery-time objective, recovery-point objective, service credit, or dedicated support obligation applies unless expressly stated in an Order or separate service-level agreement that satisfies the override requirements stated at the beginning of these Terms.
Customer is responsible for maintaining reasonable backups and exports of business-critical data and for implementing continuity procedures appropriate to its business. Unless an Order expressly states otherwise, Customer will not use the Software Services as its sole repository for business-critical data or its sole means of receiving, storing, or responding to time-sensitive communications, leads, appointments, notices, or transactions. Customer is responsible for maintaining reasonable alternative means of communication and operation during unavailability.
Scheduled maintenance may occur outside ordinary business hours when practicable. Emergency maintenance may occur without advance notice. A temporary interruption, delay, degraded performance, or loss of access does not, by itself, establish a breach of the Agreement.
6.6 Platform Changes
EmoryDay may modify, improve, replace, or discontinue Platform features and may deploy updates automatically. EmoryDay will use commercially reasonable efforts to avoid materially reducing the core functionality of a paid subscription during its current monthly term. If EmoryDay permanently discontinues material core functionality without a reasonably comparable replacement, Customer may terminate the affected Software Service and receive a prorated refund of prepaid, unused subscription fees as its exclusive remedy.
6.7 Beta, Trial, Free, and Preview Features
Beta, trial, free, experimental, preview, and early-access features may be changed, suspended, or discontinued at any time and are provided “as is” without warranties, service levels, support commitments, indemnification, or obligation to preserve data. Customer uses such features at its own risk and will not rely on them for production-critical functions.
6.8 Third-Party Integrations
The Platform may interoperate with third-party applications, APIs, communication providers, advertising networks, calendars, email systems, telephone carriers, data sources, and other services selected or authorized by Customer. Customer authorizes EmoryDay to exchange Customer Data with those services as necessary to provide the requested integration. EmoryDay is not responsible for third-party services, their acts or omissions, changes, security, availability, data handling, or continued compatibility. An integration may stop functioning if a third party changes or withdraws access.
6.9 Incident Reporting and Mitigation
Customer will promptly report suspected material errors, outages, unauthorized access, lost communications, or data-integrity issues and provide information reasonably needed to investigate. Customer will take reasonable steps to mitigate further loss, including using available exports, backup procedures, alternative communication methods, and third-party account controls. EmoryDay is not responsible for loss that Customer could reasonably have avoided after Customer knew or should have known of the issue, subject to applicable law.
7. Artificial Intelligence and Automated Tools
EmoryDay may use artificial-intelligence-assisted and automated tools in the ordinary course of providing Services, subject to reasonable confidentiality and security practices. AI-assisted output may be nonexclusive and may require human review. Customer is responsible for final review and approval of factual, legal, technical, and regulated content. Unless expressly agreed in writing, EmoryDay does not warrant that AI-assisted output is unique, free from all third-party similarity, or eligible for intellectual-property protection. EmoryDay will not knowingly submit Customer Confidential Information to a public AI service that permits that information to be used to train public models.
8. Fees, Billing, and Expenses
8.1 Fees and Invoicing
Customer will pay the fees stated in the Order. Recurring fees begin on the effective date stated in the Order and are invoiced in advance unless otherwise stated. Invoices are due within fifteen days. Fees are nonrefundable except as expressly provided by the Agreement or an applicable written guarantee.
Subscription fees purchase access to the Software Services only for the applicable term and do not purchase ownership of the Platform. Usage-based, credit-based, carrier, messaging, telephone, storage, data, and overage charges may be billed in arrears based on actual usage. Unless an Order states otherwise, unused subscription capacity, credits, hours, and usage allowances do not roll over or carry cash value.
8.2 Payment Method
Customer authorizes EmoryDay to charge any approved payment method on file for invoices, recurring fees, approved advertising expenditures, approved additional work, and overdue balances. Customer will keep payment information current.
8.3 Late Payment and Suspension
Overdue amounts accrue a late charge of 1.5% per month or the maximum lawful rate, whichever is lower. EmoryDay may suspend Services or Platform access after written notice of an overdue balance. Suspension does not waive payment obligations or extend a subscription or reserved-capacity period.
8.4 Collection Costs
Customer will reimburse reasonable collection-agency fees, court costs, and attorney’s fees incurred to collect undisputed overdue amounts or enforce a payment judgment.
8.5 Taxes
Fees exclude sales, use, excise, withholding, and similar taxes. Customer is responsible for applicable taxes other than taxes based on EmoryDay’s net income.
8.6 Advertising and Third-Party Spend
Customer is responsible for media, advertising, postage, data, printing, software, domain, hosting, and other third-party expenses unless the Order expressly includes them. EmoryDay may manage approved budgets but is not required to advance third-party costs.
8.7 Subscription Pricing Changes
EmoryDay may change Software Services pricing, usage limits, or overage rates prospectively upon at least thirty days’ notice. A pricing change takes effect at the next renewal after the notice period and does not change fees already prepaid for the current subscription term.
9. Term, Renewal, Suspension, and Termination
9.1 Term and Renewal
The initial term is stated in the Order. If no term is stated, the initial term is thirty days. The Agreement automatically renews for successive monthly terms unless either party gives at least thirty days’ written notice of termination.
9.2 Termination for Convenience
Either party may terminate the Agreement for convenience on thirty days’ written notice. Customer remains responsible for fees and approved expenses through the effective termination date. Work scheduled or capacity reserved during the notice period remains billable.
9.3 Termination for Cause
Either party may terminate for a material breach that remains uncured ten days after written notice. EmoryDay may suspend or terminate immediately for unlawful activity, threats to security, infringement, abusive conduct, insolvency, or a payment default that continues after notice.
9.4 Effect of Termination
Upon termination, Customer will pay all outstanding amounts. Subject to payment in full, EmoryDay will provide completed Service Deliverables. Transition assistance beyond a standard export or the existing scope is additional Professional Services and may require additional fees. Customer’s access to Software Services, subscription features, and licensed Provider Materials ends when the applicable subscription ends. Unless prohibited by law or a separate data-processing addendum, EmoryDay may delete Customer Data from active systems thirty days after termination. During that period, EmoryDay will make a standard export reasonably available upon Customer’s request and payment of any applicable export fees. EmoryDay is not required to provide Platform source code, software, proprietary schemas, system backups, internal logs, or Provider Materials. Termination does not affect accrued rights or provisions intended to survive.
9.5 Separate Service Components
Unless an Order states otherwise, termination or expiration of Professional Services does not automatically terminate an independently purchased Software Services subscription, and termination of Software Services does not cancel fees already earned for Professional Services. Each affected component ends according to its applicable Order and termination notice.
10. Ownership and Licenses
10.1 Customer Materials
Customer retains ownership of Customer Materials. Customer grants EmoryDay a nonexclusive, worldwide, royalty-free license to host, use, reproduce, modify, display, distribute, transmit, and create derivative works from Customer Materials solely as reasonably necessary to provide, operate, secure, support, and document the Services and to exercise EmoryDay’s rights under the Agreement.
10.2 Provider Materials
“Provider Materials” means EmoryDay’s Platform, Software Services, source code, object code, databases, data models, schemas, APIs, systems, interfaces, dashboards, tools, processes, methods, templates, frameworks, prompts, algorithms, automation logic, connectors, configurations, documentation, know-how, research, generalized skills, reusable components, preexisting materials, updates, upgrades, modifications, derivative works, and improvements, including materials developed while providing Services that are reusable or not expressly identified as Customer-owned Work Product in an Order. EmoryDay and its licensors retain all rights in Provider Materials.
10.3 Customer-Specific Work Product
“Work Product” means final, Customer-specific Service Deliverables expressly identified in an Order as deliverables to be owned by Customer and created by EmoryDay through Professional Services. Work Product excludes Customer Materials, the Platform, Software Services, Provider Materials, Third-Party Materials, drafts, unused concepts, working files, source files not expressly identified as deliverables, configurations, integrations, automation logic, data models, schemas, Platform customizations, and general ideas, methods, skills, or know-how. A configuration, integration, customization, script, or software component becomes Customer-owned Work Product only if an Order expressly identifies it as such and states any applicable delivery format and usage rights.
10.4 Transfer After Full Payment
Upon EmoryDay’s receipt of full payment for the applicable Work Product, EmoryDay assigns to Customer the intellectual-property rights EmoryDay owns in that Work Product. To the extent a Work Product qualifies as a work made for hire, the parties agree it will be treated as such only upon full payment. Before full payment, Customer receives a revocable, nontransferable license to review the Work Product but not to publish, commercially use, or distribute it.
10.5 Embedded Provider Materials in Service Deliverables
If Provider Materials are embedded in paid Work Product, EmoryDay grants Customer a perpetual, nonexclusive, nontransferable license to use those embedded Provider Materials solely as part of that Work Product for Customer’s internal business and marketing purposes. Customer receives no ownership of, or right to extract, resell, sublicense, reverse engineer, or separately exploit, Provider Materials.
10.6 Platform Customizations and Improvements
EmoryDay owns all updates, fixes, enhancements, configurations, integrations, features, workflows, automation logic, and other improvements to the Platform or Provider Materials, even when developed in response to Customer feedback, requirements, or paid Professional Services, unless an Order expressly identifies a specific component as Customer-owned Work Product. Customer receives the right to use those items only as part of its authorized access to the Software Services or as expressly licensed in a paid Service Deliverable.
10.7 Open-Source and Third-Party Software
The Platform and Service Deliverables may include open-source or third-party software governed by separate license terms. Those components remain subject to their applicable licenses. Nothing in the Agreement restricts rights granted directly under an applicable open-source license or transfers ownership of third-party software to Customer.
10.8 Portfolio Rights
Unless Customer requests confidentiality in writing before publication, Customer grants EmoryDay a perpetual, nonexclusive, royalty-free license to identify Customer and display nonconfidential final deliverables, public results, and Customer trademarks in EmoryDay’s portfolio, case studies, award submissions, and marketing. EmoryDay will not disclose Customer Confidential Information under this section.
10.9 Feedback
Customer may provide suggestions or feedback. EmoryDay may use feedback without restriction or obligation, provided it does not disclose Customer Confidential Information.
11. Confidentiality
11.1 Confidential Information
“Confidential Information” means nonpublic information disclosed by one party that is marked confidential or reasonably should be understood as confidential, including business plans, pricing, credentials, customer data, trade secrets, and security information.
11.2 Obligations
The receiving party will use Confidential Information only to perform or exercise rights under the Agreement, protect it using reasonable care, and disclose it only to personnel and vendors who need access and are bound by appropriate confidentiality obligations.
11.3 Exclusions and Required Disclosure
Confidential Information excludes information the receiving party can document was lawfully known without restriction, independently developed, publicly available without breach, or lawfully received from a third party. A party may disclose information when legally required after providing notice when permitted.
11.4 Return and Retention
Upon request or termination, each party will delete or return the other party’s Confidential Information when reasonably practicable, subject to legal, archival, security, backup, and record-retention requirements.
12. Customer Data, Security, and Privacy
12.1 Customer Data
“Customer Data” means electronic data, content, records, contact information, communications, and files submitted to, stored in, transmitted through, or collected by the Software Services on Customer’s behalf. As between the parties, Customer retains its rights in Customer Data. Customer grants EmoryDay and its subprocessors a nonexclusive, worldwide license to host, copy, transmit, display, modify, and otherwise process Customer Data only as reasonably necessary to provide, secure, support, and improve the Services, comply with law, and enforce the Agreement.
12.2 Customer Data Responsibilities
Customer is responsible for the accuracy, quality, legality, collection, notices, consents, permissions, retention instructions, and use of Customer Data. Customer represents that it has all rights and lawful bases necessary for EmoryDay to process Customer Data as directed. Customer will not submit data subject to special legal restrictions—including protected health information, payment-card data, government identification numbers, highly sensitive financial data, or children’s data—unless an Order or appropriate written addendum expressly authorizes that data and the parties have implemented required safeguards. The Platform is not a HIPAA-compliant service and EmoryDay is not acting as a business associate unless the parties execute a Business Associate Agreement expressly covering the applicable Software Services.
12.3 Security
EmoryDay will maintain commercially reasonable administrative, technical, and organizational safeguards appropriate to the nature of the Software Services and Customer Data. Customer acknowledges that no system is completely secure. Customer is responsible for its devices, users, account permissions, security settings, exports, and reasonable backups of business-critical information.
12.4 Privacy and Data Processing
Each party will comply with privacy and data-protection laws applicable to its role. When legally required or reasonably requested because EmoryDay processes personal data on Customer’s behalf, the parties will execute an appropriate data-processing addendum (“DPA”). The DPA will address, as applicable, documented processing instructions; the nature, purpose, duration, and types of processing and personal data; the parties’ rights and obligations; confidentiality; reasonable security measures; subprocessor requirements; assistance with authenticated privacy requests, security obligations, breach notifications, and data-protection assessments; return or deletion of personal data; information reasonably necessary to demonstrate compliance; and legally required assessments. The DPA will control over the Agreement with respect to its subject matter. Customer is responsible for responding to data-subject requests concerning Customer Data unless the DPA or an Order assigns specific assistance to EmoryDay. Additional security, audit, data-location, retention, or incident-response commitments apply only if expressly stated in a DPA, security addendum, or Order that satisfies the Agreement’s override requirements.
12.5 Usage Data and Aggregated Data
EmoryDay may collect and use operational, diagnostic, performance, security, and usage information concerning the Services (“Usage Data”) to provide, secure, support, analyze, bill for, and improve the Services. EmoryDay may use and disclose Usage Data and Customer Data in aggregated or deidentified form that does not reasonably identify Customer or an individual. EmoryDay will not attempt to reidentify deidentified data except to test or improve deidentification and security controls.
12.6 Data Export and Deletion
Customer may export Customer Data using standard Platform functionality where available. Additional exports, migration, restoration, or transition assistance are Professional Services and may require additional fees. After the post-termination period in Section 9.4, EmoryDay may delete Customer Data in accordance with its standard retention and backup cycles unless law or a signed addendum requires otherwise.
13. Results, Warranties, and Disclaimers
13.1 Professional Services Warranty
EmoryDay warrants that it will perform the Professional Services in a professional and workmanlike manner consistent with generally accepted industry practices. Customer’s exclusive remedy for a breach of this warranty is re-performance of the affected Professional Service if Customer provides reasonably detailed written notice within thirty days after delivery. If EmoryDay determines that re-performance is not commercially reasonable, EmoryDay may instead refund the fees paid specifically for the nonconforming Professional Service. The remedy in this Section applies notwithstanding any delay, lost opportunity, or alleged failure of the remedy’s essential purpose, to the maximum extent permitted by law.
13.2 Software Services Warranty
During a paid subscription term, EmoryDay warrants that the Software Services will materially conform to any then-current documentation expressly provided by EmoryDay for the applicable feature. Customer must notify EmoryDay promptly, and no later than thirty days after discovery, with sufficient detail to reproduce an alleged material nonconformity. Customer’s exclusive remedy is for EmoryDay, at its option, to use commercially reasonable efforts to correct the nonconformity, provide a reasonable workaround, or terminate the affected Software Service and refund prepaid, unused subscription fees for the terminated period. This warranty does not apply to free or beta features, third-party services, Customer Data, unsupported configurations, misuse, unauthorized changes, failure to follow documentation or reasonable mitigation instructions, or circumstances outside EmoryDay’s reasonable control. The remedy in this Section applies notwithstanding any delay, lost opportunity, data-restoration cost, substitute-service cost, or alleged failure of the remedy’s essential purpose, to the maximum extent permitted by law.
13.3 No Guaranteed Results
Marketing and business results depend on factors outside EmoryDay’s control. Except for a separate written guarantee expressly incorporated into an Order, EmoryDay does not guarantee rankings, leads, sales, revenue, conversion rates, deliverability, advertising approval, uninterrupted availability, or any particular business result.
13.4 Disclaimer
EXCEPT FOR EXPRESS WARRANTIES IN THE AGREEMENT, THE SERVICES, PLATFORM, DELIVERABLES, DATA, RECOMMENDATIONS, AND THIRD-PARTY MATERIALS ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, EMORYDAY DISCLAIMS IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
14. Third-Party Claims and Indemnification
14.1 Customer Indemnification
Customer will defend, indemnify, and hold harmless EmoryDay, its affiliates, and their respective owners, directors, officers, employees, contractors, and representatives from third-party claims, demands, investigations, proceedings, damages, judgments, settlements, penalties, costs, and reasonable attorney’s fees arising from or relating to:
- Customer Materials or Customer-selected Third-Party Materials;
- Customer’s products, services, claims, offers, instructions, data, lists, or business practices;
- Customer’s breach of Sections 3, 4, 5, 6, 10, or 12;
- Customer’s violation of law, regulation, platform policy, or third-party rights;
- modification, combination, republication, redistribution, or use of a deliverable outside its intended or licensed scope;
- continued publication or use after delivery, termination, license expiration, or notice of a potential claim; or
- activity occurring through Customer-controlled accounts, credentials, domains, websites, systems, or personnel.
THE FOREGOING OBLIGATIONS APPLY EVEN IF A COVERED THIRD-PARTY CLAIM ALLEGES THAT EMORYDAY’S ORDINARY NEGLIGENCE, REVIEW, APPROVAL, PUBLICATION, HOSTING, TRANSMISSION, OR FAILURE TO IDENTIFY THE ISSUE CONTRIBUTED TO THE CLAIM, BUT ONLY TO THE EXTENT THE CLAIM ARISES FROM A MATTER LISTED ABOVE. CUSTOMER HAS NO OBLIGATION TO INDEMNIFY EMORYDAY TO THE EXTENT A COURT OF COMPETENT JURISDICTION FINALLY DETERMINES THAT THE CLAIM WAS CAUSED BY EMORYDAY’S GROSS NEGLIGENCE, WILLFUL MISCONDUCT, OR OTHER LIABILITY THAT CANNOT LAWFULLY BE INDEMNIFIED.
14.2 Limited Provider Intellectual-Property Indemnity
EmoryDay will defend Customer against a third-party claim that: (a) final, Customer-specific Work Product created solely by EmoryDay and used by Customer exactly as delivered infringes a United States copyright or trademark; or (b) the paid Software Services developed by EmoryDay and used by Customer as authorized under the Agreement infringe a United States copyright or trademark or misappropriate a third party’s trade secret. EmoryDay will pay a final judgment or settlement approved by EmoryDay for a covered claim.
This obligation does not apply to claims arising from Customer Materials, Customer Data, Customer-selected Third-Party Materials, open-source software, third-party services or integrations, Customer instructions or specifications, facts or claims about Customer’s business, modifications, combinations with items not supplied by EmoryDay, continued use after notice, use outside the Order or documentation, free or beta features, or Customer’s breach of the Agreement.
For a claim concerning Provider-Selected Licensed Material, EmoryDay’s obligation applies only if the material was used exactly as incorporated by EmoryDay and within the intended and documented license scope. EmoryDay may satisfy that obligation by providing reasonably available license documentation or, at its option, obtaining continued usage rights, modifying or replacing the affected material, or refunding the fees paid specifically for the unusable portion of the deliverable. This obligation does not apply to an undocumented reuse, extraction, redistribution, modification, combination, transfer, or continued use after notice of a claim or license restriction.
If covered Work Product or Software Services become or are likely to become subject to a claim, EmoryDay may, at its option, obtain the right for Customer to continue using the affected item, modify or replace it, or terminate the affected portion of the Order. For terminated Work Product, EmoryDay may refund fees paid specifically for the unusable portion. For terminated Software Services, EmoryDay may refund prepaid, unused subscription fees for the terminated period. This Section states Customer’s exclusive remedy for an intellectual-property claim against EmoryDay concerning Work Product, Provider-Selected Licensed Material, or Software Services.
14.3 Claim Procedure
An indemnified party must promptly provide written notice and reasonable cooperation. Delay relieves the indemnifying party only to the extent materially prejudiced. The indemnifying party controls the defense and settlement, but may not admit fault by the indemnified party, impose nonmonetary obligations on it, or settle without a complete release unless the indemnified party consents. The indemnified party may participate with counsel at its own expense.
If a claim includes both covered and noncovered allegations, the parties will allocate defense costs and liability according to the relative extent of the covered and noncovered matters, subject to the indemnifying party’s duty to defend a suit in which a covered claim is asserted. An indemnifying party is not responsible for fees incurred before notice or for separate counsel unless a material conflict of interest reasonably requires separate counsel or the indemnifying party approves it in writing.
14.4 No Voluntary Admissions or Payments
Neither party may admit liability, promise payment, or settle a third-party claim on behalf of the other without prior written consent. A request for technical assistance, removal, investigation, or records does not constitute an admission of responsibility.
15. Limitation of Liability
15.1 Excluded Damages
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, LOST BUSINESS, LOSS OF GOODWILL, OR LOSS OR CORRUPTION OF DATA, WHETHER CHARACTERIZED AS DIRECT OR INDIRECT AND EVEN IF ADVISED THAT SUCH DAMAGES ARE POSSIBLE.
15.2 Business Interruption and Loss of Use
TO THE MAXIMUM EXTENT PERMITTED BY LAW, EMORYDAY WILL NOT BE LIABLE FOR BUSINESS INTERRUPTION, LOSS OF USE, COSTS OF SUBSTITUTE OR COVER SERVICES, EMERGENCY MIGRATION COSTS, MISSED OPPORTUNITIES, MISSED COMMUNICATIONS, MISSED APPOINTMENTS, DELAYED OR INTERRUPTED CAMPAIGNS, INABILITY TO CONTACT LEADS OR CUSTOMERS, LOST OR UNPROCESSED LEADS, LOST SALES, LOST PRODUCTIVITY, DATA RECREATION OR RESTORATION COSTS, CUSTOMER REFUNDS, CUSTOMER-NOTIFICATION COSTS, OR BUSINESS DECISIONS MADE IN RELIANCE ON THE AVAILABILITY, TIMING, OUTPUT, OR OPERATION OF THE PROFESSIONAL SERVICES, SOFTWARE SERVICES, DELIVERABLES, THIRD-PARTY INTEGRATIONS, OR COMMUNICATION SYSTEMS. THESE EXCLUSIONS APPLY WHETHER THE CLAIMED LOSS IS CHARACTERIZED AS DIRECT, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL AND WHETHER THE CLAIM SOUNDS IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, STATUTE, OR ANOTHER THEORY.
If an Order or separate service-level agreement expressly provides service credits for Software Services availability, those service credits are Customer’s sole and exclusive monetary remedy for the applicable unavailability or performance failure and do not create liability for any excluded loss described in Sections 15.1 or 15.2.
If no service credit applies, Customer’s exclusive remedies for ordinary Software Services unavailability, delay, degraded performance, or nonconformity are the correction, workaround, termination, or prepaid-unused-fee refund remedies expressly provided in Sections 6.6 and 13.2, as applicable. The general liability cap in Section 15.3 does not create a right to recover damages or compensation otherwise excluded or unavailable under the Agreement.
15.3 Provider Liability Cap
TO THE MAXIMUM EXTENT PERMITTED BY LAW, EMORYDAY’S TOTAL AGGREGATE LIABILITY ARISING FROM OR RELATING TO AN ORDER, THE SERVICES, THE PLATFORM, OR ANY DELIVERABLE WILL NOT EXCEED THE GREATER OF:
- TWENTY-FIVE THOUSAND DOLLARS ($25,000); OR
- THE FEES PAID OR PAYABLE TO EMORYDAY UNDER THE AFFECTED ORDER DURING THE SIX MONTHS IMMEDIATELY PRECEDING THE FIRST EVENT GIVING RISE TO THE CLAIM OR, IF THE EVENT OCCURS AFTER TERMINATION OR EXPIRATION, DURING THE FINAL SIX ACTIVE MONTHS OF THE AFFECTED ORDER.
NOTWITHSTANDING THE FOREGOING, EMORYDAY’S TOTAL AGGREGATE LIABILITY WILL NOT EXCEED ONE HUNDRED THOUSAND DOLLARS ($100,000) UNDER ANY CIRCUMSTANCES, EXCEPT TO THE LIMITED EXTENT LIABILITY CANNOT LAWFULLY BE LIMITED.
For a one-time Order or Service Deliverable that was not billed during the applicable six-month period, the fees used in paragraph 2 are the fees paid or payable for that specific Order or Service Deliverable. The “Affected Order” is the Order containing the Software Services, Professional Services, or Service Deliverable whose alleged failure, act, or omission is the predominant factual and economic basis of the claim. If a claim cannot reasonably be assigned to one Order, the single Order that would produce the highest applicable cap will be used; caps under multiple Orders will not be added together.
Related events, acts, omissions, outages, defects, security incidents, and claims constitute a single claim and do not create multiple liability caps. Claims arising from the same or substantially related facts across multiple Orders, service periods, parties, or legal theories are aggregated and subject to one cap. All refunds, credits, settlements, judgments, re-performance, replacement services, indemnity payments, and defense costs paid or provided by EmoryDay for the same or related matter count toward and reduce the applicable cap.
The applicable cap is a maximum aggregate limit and is not liquidated damages, guaranteed compensation, or an admission of liability. It does not create a remedy, make excluded damages recoverable, or expand any warranty, indemnity, service level, or exclusive remedy stated elsewhere in the Agreement.
15.4 Exclusions
The excluded-damages and business-interruption provisions do not limit Customer’s payment obligations or either party’s liability that cannot lawfully be limited. The Provider liability cap does not apply to liability for EmoryDay’s fraud, willful misconduct, or gross negligence, but only to the limited extent that such conduct is finally determined by a court of competent jurisdiction and applicable law prohibits limitation of that liability. An allegation or claim characterization alone does not determine whether this exception applies. Customer’s indemnification obligations, misuse of Provider Materials, breach of acceptable-use restrictions, and violation of EmoryDay’s intellectual-property rights are not limited by Section 15.3.
15.5 Allocation of Risk
The parties agree that the fees reflect this allocation of risk; that Customer may obtain additional contractual protections, service levels, or a higher negotiated liability cap only through an Order that expressly states the additional fee and override; and that the limitations apply regardless of the legal theory asserted and even if a limited or exclusive remedy fails of its essential purpose. The parties intend each exclusion, limitation, remedy, and cap to be independent and severable so that the invalidity of one does not invalidate another.
16. Time Limit for Claims
TO THE MAXIMUM EXTENT PERMITTED BY LAW, EITHER PARTY MUST COMMENCE ANY CLAIM AGAINST THE OTHER ARISING FROM OR RELATING TO AN ORDER, THE SERVICES, THE PLATFORM, OR A DELIVERABLE WITHIN ONE YEAR AFTER THE CLAIMING PARTY KNEW OR REASONABLY SHOULD HAVE KNOWN OF THE FACTS GIVING RISE TO THE CLAIM AND, IN ALL EVENTS, NO LATER THAN TWO YEARS AFTER THE LAST MATERIAL EVENT, SERVICE, OR DELIVERY GIVING RISE TO THAT CLAIM. THIS PERIOD APPLIES REGARDLESS OF THE FORM OF ACTION OR WHETHER THE CLAIM IS CHARACTERIZED AS CONTRACT, TORT, NEGLIGENCE, MISREPRESENTATION, STATUTORY, EQUITABLE, OR OTHERWISE.
The foregoing contractual deadline does not apply to: (a) Customer’s payment obligations or EmoryDay’s collection of unpaid amounts; (b) either party’s obligations concerning third-party indemnification; (c) infringement, misappropriation, or unauthorized use of a party’s intellectual property or Confidential Information; (d) requests for temporary, preliminary, or permanent injunctive or equitable relief; (e) fraud, willful misconduct, or gross negligence; or (f) a claim for which the applicable limitations period cannot lawfully be shortened. Those matters remain governed by the otherwise applicable limitations period.
17. Non-Solicitation
During the Agreement and for twelve months afterward, Customer will not knowingly initiate targeted solicitation for employment or independent-contractor engagement of an EmoryDay employee or contractor with whom Customer had material contact through the Services, without EmoryDay’s written consent. This restriction does not prohibit general advertisements not targeted at EmoryDay personnel, ordinary professional networking not directed toward recruitment, or hiring or engaging a person who independently approaches Customer or responds to a general advertisement without prior targeted solicitation by Customer.
18. Money-Back Guarantee
If an Order expressly includes EmoryDay’s thirty-day money-back guarantee, Customer may invoke it by emailing its account manager or accounting@emoryday.com within thirty days after the Order’s effective date. Upon refund, all licenses and rights in unpaid or refunded Service Deliverables terminate, no ownership transfers to Customer, and Customer must stop using and delete the refunded Service Deliverables. A refund of Software Services fees terminates access to the affected subscription and does not transfer any Platform technology or data-hosting rights. Customer remains responsible for third-party costs, advertising spend, media purchases, postage, data, usage, carrier charges, and other nonrecoverable expenses unless the written guarantee expressly states otherwise.
19. Force Majeure
Neither party is liable for delay or failure caused by events beyond its reasonable control, including natural disaster, severe weather, epidemic, war, terrorism, civil disturbance, labor disruption, utility or network failure, cyberattack, government action, platform outage, carrier disruption, or failure of a critical third-party provider. The affected party will provide reasonable notice and resume performance when practicable. Force majeure does not excuse Customer’s obligation to pay amounts accrued before the event.
20. Disputes, Governing Law, and Venue
Before filing a lawsuit, a party will give written notice describing the dispute and allow at least thirty days for good-faith business discussions, unless immediate relief is reasonably necessary to protect confidential information, intellectual property, accounts, systems, or legal rights.
The Agreement is governed by Maryland law, without regard to conflict-of-laws principles. The parties consent to exclusive jurisdiction and venue in the state courts located in Howard County, Maryland, and the United States District Court for the District of Maryland. Each party waives objections based on inconvenient forum.
20.1 Individual Actions; Class and Representative Action Waiver
TO THE MAXIMUM EXTENT PERMITTED BY LAW, EACH PARTY AGREES THAT A DISPUTE BETWEEN THE PARTIES WILL BE BROUGHT AND RESOLVED ONLY IN THAT PARTY’S INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF, CLASS MEMBER, OR REPRESENTATIVE IN A CLASS, COLLECTIVE, CONSOLIDATED, MASS, PRIVATE-ATTORNEY-GENERAL, OR OTHER REPRESENTATIVE ACTION AGAINST THE OTHER PARTY. THIS WAIVER DOES NOT PREVENT A COURT FROM CONSOLIDATING PRETRIAL PROCEEDINGS FOR ADMINISTRATIVE EFFICIENCY WHILE PRESERVING EACH ACTION’S INDIVIDUAL CHARACTER, AND IT DOES NOT RESTRICT A GOVERNMENT AGENCY’S AUTHORITY.
21. Notices
Legal notices must be in writing. Notices to EmoryDay may be sent by email to accounting@emoryday.com, nationally recognized overnight courier, or certified mail to EmoryDay, PO Box 176, Glenelg, Maryland 21737. An email notice is effective when transmitted without a delivery-failure notice; a courier or certified-mail notice is effective on recorded delivery or refusal. A courtesy copy by a second method is encouraged but not required. Notices to Customer may be sent to the billing, administrative, or account email or address in the Order. Routine project communications and approvals may occur through email, recorded meetings, or the Platform.
22. Changes to Online Terms
EmoryDay may update these online Terms prospectively. Each version will display a version identifier or effective date, and EmoryDay will maintain a reasonably accessible copy or record of prior versions applicable to active Customers.
For an active recurring Customer, a material change will not take effect unless EmoryDay sends notice to Customer’s billing or administrative email at least thirty days before the applicable renewal date. The notice will identify the revised Terms, their effective date, and Customer’s right to terminate the affected recurring Service before the change takes effect. Customer accepts the revised Terms by affirmatively accepting them or by continuing to use the affected paid Services after the stated renewal date without timely terminating. If Customer rejects a material change, the prior version continues through the end of the then-current term, after which EmoryDay may elect not to renew the affected Service.
A nonmaterial change, including a clarification, correction, contact-information update, or change required by law, may take effect upon posting with a revised effective date. No change will retroactively alter rights or liabilities arising before its effective date unless the parties expressly agree in writing.
23. Assignment
Neither party may assign the Agreement without the other party’s written consent, except that either party may assign it without consent to an affiliate or in connection with a merger, reorganization, sale of substantially all assets, or change of control, provided the assignee assumes the assigning party’s obligations. Any prohibited assignment is void.
24. General Provisions
The Agreement is the entire agreement concerning its subject matter and supersedes prior and contemporaneous proposals, discussions, demonstrations, negotiations, emails, website statements, sales materials, and understandings concerning that subject. Customer acknowledges that no statement or promise not expressly included in the Agreement is binding. Amendments must be in writing and accepted by authorized representatives, except for updates under Section 22. Failure to enforce a provision is not a waiver. If a provision is unenforceable, it will be modified to the minimum extent necessary to make it enforceable while most closely preserving its intended economic effect, and the remainder will continue in effect. Headings are for convenience only. There are no third-party beneficiaries. The Agreement may be accepted electronically and in counterparts, each of which is deemed an original. Electronic acceptance records and reproductions of the Agreement are admissible to the same extent as an original.
25. Survival
Accrued payment obligations and Sections 4, 5, 6.3, 6.8, 7, 8, 9.4, 9.5, 10, 11, 12, 13, 14, 15, 16, 18, 20, 24, and 25 survive expiration or termination, together with any provision that by its nature should survive.
SMS Terms & Conditions Notice
- EmoryDay, LLC will use text messaging solely to reply to inquiries submitted through forms on the company’s website. The messages will be direct, personalized responses to specific customer questions or requests for service. This is a low-volume, customer service–style communication channel, with no promotional or marketing content. The purpose is to provide timely and helpful answers, confirm appointment details if requested, and improve overall customer satisfaction.
- You can cancel the SMS service at any time. Just text "STOP" to the short code. After you send the SMS message "STOP" to us, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us. If you want to join again, just sign up as you did the first time and we will start sending SMS messages to you again.
- If you are experiencing issues with the messaging program you can reply with the keyword HELP for more assistance, or you can get help directly at 888-494-3810.
- Carriers are not liable for delayed or undelivered messages
- As always, message and data rates may apply for any messages sent to you from us and to us from you. You will receive up to 4 messages per month. If you have any questions about your text plan or data plan, it is best to contact your wireless provider.
- If you have any questions regarding privacy, please read our privacy policy: https://www.emoryday.com/privacy-policy(opens in new tab)