Terms of Service

The agreement for using Emblem Studio. If you are on the beta, §15 also applies to you.

Last updated: 14 August 2026 · Version: 1.2-beta

Who these are with: SERENICHRON S.R.L., a company registered in Romania ("Emblem Studio", "we", "us"), and you, the account holder ("you"). Full details: Imprint.

1. What Emblem Studio is

Emblem Studio is a hosted service for building opt-in forms, popups, ribbons, and slide-ins that you publish on your own website to capture leads, with analytics, A/B testing, and delivery to tools you connect. There is also a free WordPress plugin (see §12).

2. Acceptance, and how you accept

By creating an account or using the service you agree to these Terms, the Privacy Policy, the Acceptable Use Policy (incorporated by reference), and — because you capture other people's data through the service — the Data Processing Agreement. You accept by an affirmative action (ticking to accept at sign-up); we then email you a copy of the version you accepted.

3. Your account

You are responsible for your account, your team members' access, and keeping credentials safe. You must give accurate details and be at least the age of digital consent in your country. Login is handled by our identity provider (WorkOS).

4. Your content, and who owns what

• You own your content — your forms, designs, copy, and the leads and data your forms collect. We claim no ownership of it.
• You grant us a limited licence to host, process, and transmit your content only as needed to provide the service to you and as set out in the DPA. Nothing broader.
• We do not use your content to train AI models, and we do not sell or share your data. (See the Privacy Policy and DPA.)
• We own the service itself — the software, the app, the embed, our design and brand — except the separately-licensed WordPress plugin (§12).

5. Your responsibilities for the data you collect

You decide what your forms collect and why. You are the controller of the leads you capture; we are your processor (DPA). In particular you are responsible for:

• having a lawful basis for collecting and using each lead's data, and for your own privacy notice, cookie consent, and marketing consent on your site;
• not collecting the data the AUP prohibits (special-category data, children's data, financial credentials, purchased/scraped lists);
• the destinations you connect (your CRM, FunnelKit, webhooks) and any AI you connect (§6);
• responding to your own visitors' data-subject requests (we give you the tools).

If you run Emblem Studio for someone else, as an agency or a freelancer does, then your client is the controller and you are their processor. You confirm you have your client's authority to instruct us about their data, and that you have a written data-processing contract with them. The DPA sets out how that works. Either way, you stay responsible to us for everything done through your account.

6. AI features

• Bring your own AI (Strategist / MCP). You may connect your own AI assistant under your own subscription with the AI provider. When you do, your data may pass to that AI through your own relationship with that provider — that provider is your processor, not ours, and we are not party to it. You are responsible for everything done through your connected AI, whether or not it was authorized, intended, automated, or initiated by you — including the actions of an automated or mis-behaving agent. To reduce that risk we require a two-step confirmation before destructive actions (such as clearing your statistics or activating/removing an asset).
• In-app AI chat (optional). If we make an in-app AI editor available and you use it, the asset you are editing and your prompts are sent to our AI sub-processor (Anthropic) to generate a response. It is clearly labelled as AI. It is off unless enabled.

7. Acceptable use

Your use is governed by the Acceptable Use Policy. Breaching it is a breach of these Terms and may lead to suspension or termination (§13).

8. Service availability, changes, and beta status

We work to keep the service available but do not guarantee it will be uninterrupted or error-free. We may improve, change, or discontinue features. During the beta, §15 also applies; if we ever discontinue the whole Service, §14 applies.

9. Fees, plans, and the withdrawal right (applies when paid plans launch)

• The service is free during the beta (§15). Paid plans, prices, and billing terms will be presented clearly before any charge, and you must affirmatively accept a new paid agreement — moving from free to paid is a new agreement you accept, not a change we impose (Art. 19(1)(b) DCD; CJEU C-565/22).
• Consumer 14-day withdrawal right: for one-off and lifetime purchases we will take the two required acknowledgements at checkout ("I request immediate access" and "I understand I lose my 14-day cancellation right").
• Geographic availability: to be added, before the first payment.

10. Data export and no switching fees

You can export your leads and data at any time while your account is active, in a portable format, at no charge. On termination we do not charge any fee to switch away or to retrieve your data before deletion, and we do not impose data-egress or switching charges.

11. Third-party services you connect

When you connect a third-party tool (your CRM, FunnelKit, a webhook endpoint, your own AI), your use of that tool is governed by your agreement with that provider. We are not responsible for third-party services you choose to connect, and delivery to them is at your instruction.

12. The WordPress plugin, and the GPL

Our WordPress plugin is separate software licensed to you under the GNU General Public License, v2.0 (GPL-2.0). These Terms govern the hosted Service — our servers, dashboard, and APIs.

GPL savings clause. Nothing in these Terms limits or adds any condition to your rights under the GPL-2.0 in respect of the Plugin, including your rights to use, study, modify, and redistribute it. Every restriction in these Terms applies only to the hosted Service and not to the Plugin. In particular, any restriction on building a competing product applies solely to your use of the hosted Service and its non-public interfaces, and not to the Plugin.

13. Suspension and termination

• You may stop using the service and delete your account at any time.
• We may suspend or terminate for a material breach of these Terms or the AUP, for unlawful use, or where required by law. Where practical we give notice and a chance to fix it first; for serious harm (e.g. illegal content, a live risk to others) we may act immediately.
• On termination we handle your data as set out in the Privacy Policy (§A4) and the DPA — 135 days after account deletion, then permanent deletion, with export available beforehand. Non-payment does not delete your data; it moves you to the free plan (§15 and Privacy Policy). If we discontinue the whole Service rather than one account, §14 governs instead.

14. Discontinuing the Service (sunset)

We do not expect to, but if we ever decide to discontinue Emblem Studio entirely — including ending the beta without moving to a general release — this is what happens. (This clause governs shutting down the whole Service. It is separate from §13, which covers one account, and from §18, which covers routine changes to these Terms.)

• Notice. We will tell you by email and in the app, at least 60 days before the date the Service stops.
• Export. You can export your leads, forms, and account data at no charge for the whole notice period, and we will remind you before the deadline. (Already built — the product has export today; this just states the commitment.)
• Prepaid fees. If you have paid in advance for a period we will not deliver, we will refund the unused portion. This applies once paid plans exist; the beta is free, so it has no effect today.
• Your leads are not ours to delete on our own timetable. We are your processor for that data, not the owner of it (see the DPA). Before the Service stops we will ask you to choose: export and delete, or export and let us hold a final copy briefly before deleting — your call, consistent with the DPA's end-of-processing terms (DPA Clause 10). If we don't hear from you by the notice deadline, we delete our copy at the end of the notice period, which is the DPA's default.
• The WordPress plugin keeps working. It is separate, self-hosted, GPL-licensed software (§12) that runs on your own site under your own control. Discontinuing the hosted Service does not remove, disable, or limit the Plugin in any way — only the hosted dashboard, cross-site syncing, and AI features that depend on our servers stop. A site that was never connected notices nothing at all.

15. Beta terms (a section, not the whole contract)

"Beta Program" means the current beta and any future beta, preview, early-access, or limited-testing version of the Service or of a specific feature — this section applies whenever you are enrolled in one, not only to today's beta.

While enrolled in a Beta Program:

• It is free, unless we state otherwise for that specific Beta Program.
• It is provided "as is." Features may change, break, or be removed, and data or availability are not guaranteed to the standard of a generally-available service. Back up anything you can't lose.
• Your legal protections still apply. Beta status does not reduce our data-protection obligations, your consumer rights, or our security duties.
• Confidentiality. Anything you learn through a Beta Program that isn't already public — pricing, unreleased features, performance data, our roadmap, or how the Service works internally — is confidential. You will not share it outside your own organisation, and you will not use it to build or improve a product or service that competes with Emblem Studio.
• We won't solicit your clients. If, as an agency or freelancer, you tell us about a site you don't own — during onboarding, on a call, or anywhere else — we use that only to help you and prepare for that conversation. We will not contact that client directly, and we will not use what we learn about them to offer our own services.
• Eligibility. By joining a Beta Program, you confirm that you are not doing so on behalf of, or mainly to benefit, a product or service that competes with Emblem Studio.
• We may end your participation at any time. We can remove you from a Beta Program, or end the Beta Program itself, at any time and for any reason, without needing to show a breach. This does not affect your rights under the rest of these Terms once you are on a generally-available plan.
• Moving to paid is a fresh agreement. When a Beta Program ends, continuing on a paid plan requires you to accept a new paid agreement; we will not convert you silently, and we will state the full price clearly and in advance (§9).
• Feedback. If you send us feedback, you allow us to use it to improve the service without obligation to you; we won't identify you without permission.

16. Liability

Nothing in these Terms excludes or limits liability that cannot be excluded by law — including for death or personal injury caused by negligence, fraud, or any liability that EU/Romanian consumer law does not allow to be limited. Subject to that:

• We are not liable for indirect or consequential loss, lost profits, lost revenue, or lost data beyond what the law requires us to bear.
• Liability cap — a fixed floor, not a multiple of fees. Our total aggregate liability arising out of or relating to the service is limited to the greater of (a) the total fees you paid us in the 12 months before the claim, or (b) EUR 100 — whichever is larger.
• This cap does not apply to the excluded liabilities in the first paragraph.

17. Indemnity

You will defend and indemnify us against third-party claims arising from your content, your use of the service in breach of these Terms or the AUP, or your breach of your controller obligations.

18. Changes to these Terms

The service is offered for an indeterminate duration. We may change these Terms for a valid reason set out here — namely: (a) to comply with a change in law or a regulator's or court's decision; (b) to reflect a change in the service's features or how it is provided; (c) for security, or to prevent abuse or fraud; or (d) for changes in our costs or providers. We will give you reasonable advance notice (at least 30 days for material changes) by email and in the app, and you may terminate free of charge before the change takes effect. If you continue using the service after the change takes effect, you accept it.

Data already collected: changing how we use data we have already collected requires your fresh agreement, not merely notice (the FTC line; Privacy Policy "Changes").

19. Complaints, disputes, and consumer routes

• Abuse and legal contact: contact@emblemstudio.ai, for reports of illegal content or misuse. This is our Digital Services Act point of contact.
• ANPC / SAL. We display one SAL pictogram (250×50px) in our homepage footer, linking to reclamatiisal.anpc.ro. We do not display an EU ODR link or an SOL badge: the EU ODR platform was repealed with effect from 20 July 2025, and a link to it would now itself be misleading.
• If you are a UK consumer (an individual, not signing up on behalf of a registered business), the UK runs its own separate complaints scheme. The ANPC/SAL route above covers Romania and the EU only. The current UK alternative-dispute-resolution route is to be added.

20. Governing law and jurisdiction

These Terms are governed by Romanian law. The competent Romanian court is to be added. Nothing here deprives a consumer of the mandatory protections of the law of their country of residence.

21. General

• Entire agreement: these Terms, the Privacy Policy, the AUP, and the DPA are the whole agreement.
• Severability: if a clause is unenforceable, the rest stands.
• Assignment: you may not assign without our consent; we may assign to a successor of the business.
• No waiver; notices by email to the addresses on file.
• Precedence: on the processing of personal data, the DPA prevails; otherwise these Terms prevail over referenced documents unless a document states it prevails.