Terms of Service

HEADS UP — TEMPLATE. These Terms are a reasonable starting point for a US-based small SaaS, but they have NOT been reviewed by a lawyer. Before you accept your first paying customer, have an attorney read every word and adjust for your jurisdiction, entity type, and specific service. The author of this document is not your lawyer.

Last updated: 2026-05-15

These Terms of Service ("Terms") govern your access to and use of Talking Unicorn ("Service"), operated by Talking Unicorn Inc., a Florida corporation ("we", "us", "our"). By creating an account or using the Service, you agree to these Terms.

1. The Service

Talking Unicorn provides hosted email infrastructure, including but not limited to: sending and receiving mail, mailbox storage, AI-assisted inbox features, voice dictation, document conversion (PDF Vault), calendar and contacts sync, and a web interface.

The Service is provided on a subscription basis. Pricing is published at https://signup.talkingunicorn.email and is the binding price for the subscription you sign up to.

2. Your account

You are responsible for:

• Keeping your account credentials secure. Don't share passwords.
• The accuracy of the information you provide at signup, including your domain ownership.
• All activity that occurs through your account, whether you authorized it or not.

You must be at least 18 years old (or the age of majority in your jurisdiction) to create an account.

3. Acceptable use

Your use of the Service is also governed by our Acceptable Use Policy, which is incorporated into these Terms by reference. Violations of the AUP can result in suspension or termination of your account.

In particular: do not use the Service to send unsolicited bulk mail (spam), to harass or threaten anyone, to distribute malware, or to violate any applicable law.

4. Fees and billing

• Monthly subscriptions auto-renew each month at the price you signed up at, until you cancel. You can cancel at any time; your subscription stays active through the end of the current billing period.
• Annual subscriptions are paid up front for the full year and are non-refundable. See our Refund Policy for the full text. Annual subscriptions auto-renew at the end of the term unless you cancel before renewal.
• We may change prices for new customers at any time. Existing subscribers stay at the price they signed up at for as long as we continue to offer their tier. If we discontinue their tier, we'll give 60 days' notice and offer migration to the closest current tier.
• Storage add-ons are billed in addition to the base subscription, at the price published at the time of purchase.

All fees are quoted in US Dollars. You're responsible for any applicable taxes, which may be added at checkout.

5. Your content

You retain all rights to the content of your email, your files in the PDF Vault, and any other data you store on the Service ("Your Content").

We need a limited license to process Your Content for the sole purpose of operating the Service: storing it on our servers, transmitting it on your instructions, applying spam filtering, and running the AI features you enable. This license terminates when you delete the content or close your account. We do not use Your Content to train models, advertise to you, or sell to third parties.

You are responsible for ensuring you have the right to store and send the content you put on the Service.

6. Privacy

Our handling of your data is described in our Privacy Policy, which is incorporated into these Terms by reference.

7. AI features

The Service includes AI-assisted features such as automatic categorization, draft suggestions, voice transcription, and follow-up detection. These features:

• Are best-effort; we don't guarantee they're correct.
• Are computed by language models we operate (or, when explicitly enabled by you, a third-party LLM provider).
• Send the content they need to function — usually the relevant message body — to the model. We don't retain the model's training-style inputs/outputs beyond the time needed to compute the answer, unless you explicitly accept or correct an AI output (in which case we retain the correction to improve future suggestions, anonymized to your tenant).
• Can be turned off in your account settings. Disabling a feature stops the corresponding data flow.

8. Service availability

We aim for high availability but don't guarantee any specific uptime. The Service is provided "as is" and "as available". Planned maintenance, infrastructure issues, third-party outages (your domain registrar, your DNS provider, the broader internet), force majeure events, and the occasional bug we haven't caught yet can all cause downtime.

We don't owe you service credits for downtime unless explicitly stated in a separately-negotiated agreement.

9. Suspension and termination

We may suspend or terminate your account if:

• You violate these Terms or the Acceptable Use Policy.
• Your payment method fails and isn't corrected within 14 days.
• We're required to by law or by a credible legal process.
• We have a reasonable belief that your use of the Service poses a risk to other users, our infrastructure, or third parties (e.g. the abuse pipeline detects outbound spam from your tenant).

In most non-emergency cases, we'll notify you before suspending and give you a chance to remediate. In emergencies (active abuse, security incident), we may act first and notify after.

You may close your account at any time. Closing your account stops future billing; it does not refund prior payments (see Refund Policy).

10. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ACCURACY.

11. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE IS LIMITED TO THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM. WE'RE NOT LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, OR DATA.

These limits apply even if a remedy fails of its essential purpose, and even if we were advised of the possibility of such damages.

12. Indemnification

You'll defend and indemnify us against any third-party claim arising from (a) Your Content, (b) your use of the Service in violation of these Terms, or (c) your violation of applicable law.

13. Changes to the Terms

We may update these Terms from time to time. Material changes will be communicated by email to your admin address at least 30 days before they take effect. Continued use of the Service after the effective date constitutes acceptance.

14. Governing law and dispute resolution

PLEASE READ THIS SECTION CAREFULLY. It limits how disputes between you and Talking Unicorn can be resolved and contains a class action waiver.

14.1 Governing law

These Terms and any dispute arising under them are governed by the laws of the State of Florida, USA, without regard to its conflict of laws rules. The Federal Arbitration Act governs the interpretation and enforcement of the arbitration provisions in this Section 14.

14.2 Talk to us first

Before either side files a formal proceeding, we both agree to try in good faith to resolve the dispute informally. You must send a written notice describing the dispute to support@talkingunicorn.email with "Notice of Dispute" in the subject line. We'll respond within 30 days. If we can't resolve it together within 60 days of the notice, either side may proceed to arbitration as described below.

14.3 Binding arbitration

Except for the carve-outs in Section 14.4 below, any dispute, claim, or controversy between you and Talking Unicorn arising out of or relating to these Terms, the Service, or our relationship will be resolved by binding arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules (or the AAA's then-current rules for consumer disputes), and judgment on the award may be entered in any court of competent jurisdiction.

• The arbitration will be conducted by a single arbitrator.
• The seat of the arbitration is Florida; the arbitration will be conducted by telephone, video, or written submissions unless the arbitrator determines an in-person hearing is required.
• Talking Unicorn will pay all AAA filing, administrative, and arbitrator fees in excess of the consumer's initial filing fee (which the AAA Consumer Rules cap at $250). Each side pays its own attorneys' fees unless a statute or the arbitrator's award provides otherwise.
• The arbitrator may award any relief a court could, except that the arbitrator may not award relief that affects anyone who isn't a party to the arbitration.

14.4 Carve-outs

Either side may bring the following in court instead of arbitration:

• Small claims. Any claim that qualifies for small-claims court in the claimant's county of residence (in Florida, claims of $8,000 or less). Small claims is faster and cheaper for both of us; we'd rather you used it for small matters.
• Injunctive or other equitable relief to stop unauthorized use, infringement, or threatened breach of intellectual property, confidentiality, or security obligations. Either side may seek this from a court of competent jurisdiction in Florida without giving up the right to arbitrate the underlying dispute.

14.5 Class action waiver

You and Talking Unicorn each agree that any arbitration or court proceeding will be conducted on an individual basis only, not as a class, collective, consolidated, mass, or representative action. Neither side will participate in a class or representative proceeding against the other. If a court finds this class-action waiver unenforceable as to a particular claim, that claim — and only that claim — will proceed in court rather than arbitration; the rest of these Terms (including Section 14.3) will still apply.

14.6 30-day right to opt out of arbitration

You may opt out of Section 14.3 (binding arbitration) and Section 14.5 (class action waiver) within 30 days of the date you first accept these Terms by emailing support@talkingunicorn.email with "Arbitration Opt-Out" in the subject line and your account email in the body. Opting out has no effect on any other provision of these Terms or on any future version. If you opt out, disputes will be resolved in the state or federal courts located in your registered Florida county of record (or in your county of residence, if you live elsewhere in the United States).

14.7 Court venue (when arbitration doesn't apply)

For any matter not subject to arbitration under Section 14.3, you and Talking Unicorn consent to the exclusive jurisdiction and venue of the state and federal courts located in Florida.

15. Contact

Questions about these Terms? Write to legal@talkingunicorn.email.