AI Emojis

Terms of Service

Effective July 10, 2025

These Terms of Service (the "Terms") govern your use of the AI Emojis platform, website, and software applications (collectively the "Services"). These Terms form an agreement between you and 851 Inc. (hereinafter "851 Inc.", "AI Emojis", "emojis.com", "we," or "us").

For information about how we collect, use, share, or otherwise process information about you and your use of the Services, please see our Privacy Policy.

1. Acceptance of Terms

By accessing and using the Services, you accept and agree to be bound by the Terms.

2. Registration and Account

To access certain features of AI Emojis, you may be required to register for an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.

You are responsible for safeguarding your password and any other credentials used to access your AI Emojis account. You agree not to disclose your password to any third party and to take sole responsibility for any activities or actions under your account, whether or not you have authorized such activities or actions.

3. Use of Service

You agree not to use the Services for any illegal, harmful, or abusive activity. For example, you may not:

  • Use the Services in a way which violates the law, or which infringes, misappropriates, or otherwise violates the rights of others, including but not limited to intellectual property and privacy rights.
  • Attempt to gain unauthorized access to our system or engage in any activity that interferes with the performance or security of our Services.
  • Replicate, copy, sell, distribute, or exploit any portion of the Services without express written permission from AI Emojis.
  • Post or transmit any form of malware, virus, or other malicious software.
  • Engage in any unlawful activity or solicit others to perform or participate in any unlawful acts.

4. Community Guidelines

You also agree to follow the following Community Guidelines in connection with our Services:

  • Respect and Kindness: Engage with other users and our staff in a respectful manner. Avoid using emojis or prompts that can be seen as disrespectful, aggressive, or abusive. Harassment or violence will not be tolerated.
  • Content Restrictions: Steer clear from creating or sharing emojis that depict adult content, gore, or any visually shocking or disturbing imagery. We may automatically block certain inputs that violate this rule.
  • Sharing Policy: Do not publicly repost or share the creations of others without obtaining their permission first.
  • No Political Use: The use of AI Emojis for political campaigns or attempts to influence the outcome of an election is prohibited.
  • Mindful Sharing: Always be mindful of the context and how others may perceive your content when sharing your creations outside the AI Emojis platform.
  • Accountability: Breach of these guidelines can result in account suspension or a permanent ban from AI Emojis in our sole discretion. Our decision-making process may not always be democratic; abide by the rules to maintain your access.

5. Generative AI Content

AI Emojis allows users to create and customize emojis using artificial intelligence ("AI"). You may provide input to the Services ("Input") and receive output generated and returned by the Services based on the Input ("Output").

Generative AI is a new and evolving technology. As a result, we cannot guarantee the accuracy or appropriateness of the resulting Output generated through your use of the Services. You are solely responsible for using the Services, including your prompts or Input.

5.1 Input

You are solely responsible for your Input. You must not submit any Input that:

(a) includes trademarks or other materials protected by third-party Intellectual Property Rights without obtaining sufficient rights or permissions to use such materials from the applicable rights holders;

(b) is intended to generate Output that is substantially similar to a third party's copyrighted work, intended to display a third-party's trademark, or is otherwise intended to generate Output which is protected by third-party Intellectual Property Rights, unless you have sufficient rights or permissions to use the intellectual property;

(c) contains the personal information of others without consent;

(d) violates applicable law; or

(e) violates these Terms.

We reserve the right to block your Input or suspend or terminate your access to our Services if we determine that it violates the rights of a third party, applicable law, or the Terms.

5.2 Output

You are solely responsible for the creation and use of the generated Output. We do not make any explicit or implicit promises or guarantees regarding the Services, including but not limited to the whether the Output is accurate, appropriate, unique, or legally protectable by intellectual property rights.

You are solely responsible for ensuring that the Output generated using AI Emojis Services does not violate any applicable law, intellectual property right of any third party, or these Terms.

6. License Granted to AI Emojis

By using the Services, you grant AI Emojis a non-exclusive, perpetual, irrevocable, worldwide, royalty-free license to copy, display, upload, perform, distribute, store, modify, and otherwise use both the Output and corresponding Input for any purpose, including but not limited to provide, maintain, develop, and improve our Services, as well as to comply with applicable law, enforce our Terms and policies, or to market our Services. This license survives termination of this Agreement by any party for any reason.

7. Limitation of Liability and Indemnity

The Services are provided on an "as is" basis. You acknowledge and agree that AI Emojis shall not be responsible or liable for any activities or legal consequences of your use of our Services, including any loss of profits, use, goodwill, or data, or for any incidental, indirect, special, consequential, or exemplary damages arising out of your use of the Services.

You alone bear responsibility for your actions using the Services.

  • Indemnity: To the extent permitted by law, you agree to indemnify and hold harmless us, our affiliates, and our personnel, from and against any costs, losses, liabilities, and expenses (including attorneys' fees) from third party claims arising out of or relating to your use of the Services, Input, Output, or any violation of these Terms.

8. AI Emoji Intellectual Property

851 Inc. is the sole owner of all right, title, and interest in the Services, including any patents, copyrights, trade secrets, trademarks, or other intellectual property associated with the Services.

Unauthorized use of the AI Emojis intellectual property, including but not limited to use of its trademarks, logos, domain names, distinctive brand features, or source code, is strictly prohibited. We reserve all rights not granted under the Terms.

9. DMCA and Takedowns Policy Notification Procedures

We respect the intellectual property rights of others. If you believe that any emoji or content located on or linked to by AI Emojis violates your copyright or trademark rights, please send a notice of claimed infringement to [email protected] with the subject "Takedown Request".

We only respond to complete and effective DMCA notices from the copyright holder or their authorized agent that contain the following elements:

  • Your physical or electronic signature.
  • Identification of the copyrighted work (or mark) you believe to have been infringed or, if the claim involves multiple works, a representative list of such works.
  • Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
  • Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
  • A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
  • A statement that the information in the written notice is accurate.
  • A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
  • If the copyright owner's rights arise under the laws of a country other than the United States, please identify the country.

Before you submit your DMCA notice, please carefully consider whether the use of the copyrighted material at issue is protected by the Fair Use doctrine.

Upon receipt of a notice that complies with the foregoing, we reserve the right to remove or disable access to the accused emoji or content; notify the party accused of infringement that we have removed or disabled access to the identified material; and terminate access to and use of AI Emojis for any user who engages in repeated acts of infringement.

When you submit a notice, we may provide a copy of your notice to the user who uploaded the content claim is infringing. This also applies to any contact information you include in your notice to us.

Please be aware that if you knowingly misrepresent that material or activity on AI Emojis is infringing your copyright, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA. If you abuse the notice process, your account may be deactivated and you may be held liable for costs and attorneys' fees.

9.1 DMCA Counter-Notices

If you believe your content was disabled as a result of an improper DMCA infringement notice, you may file a DMCA counter notice by sending it to [email protected].

We will only take action in response to DMCA counter notices that contain all of the following:

  • Clear identification of the disabled material (including specific URL(s) where it was hosted before it was disabled);
  • A statement that you consent to the jurisdiction of the United States Federal District court for the district of your residence (or of Santa Clara County, California if you reside outside of the United States) and that you will accept service of process from the person who filed the DMCA notice you are responding to or their agent;
  • Your contact information (such as your name, physical address, and email address and telephone number); and
  • A statement made and signed by you under penalty of perjury that you have a good faith belief that the content was removed or disabled as a result of mistake or misidentification.

Before you file your DMCA counter notice, please consider whether your use of the material at issue is infringing. If you file a DMCA counter notice when your use is infringing, you may be liable for costs and attorneys' fees.

10. Dispute Resolution and Governing Law

ALL LEGAL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS ("Dispute") WILL BE GOVERNED BY THE LAWS OF THE STATE OF CALIFORNIA, USA, EXCLUDING CALIFORNIA'S CONFLICTS OF LAWS RULES.

Informal Dispute Resolution: The Parties agree to try to resolve the Dispute informally prior to formal legal action. Accordingly, the parties will try in good faith to settle any Dispute within 30 days after the Dispute arises.

Arbitration: If the Dispute is not resolved within 30 days, it shall be resolved by arbitration by the American Arbitration Association's International Centre for Dispute Resolution in accordance with its Expedited Commercial Rules in force as of the date of these Terms.

The parties will mutually select one arbitrator. The arbitration will be conducted in English in Santa Clara County, California, USA.

Each party will bear its own lawyers' and experts' fees and expenses, regardless of the arbitrator's final decision regarding the Dispute.

11. Service Access and Rate Limiting

If you purchase an access plan to AI Emojis, we strive to offer you seamless service. However, we make no warranty that access to the Services will be uninterrupted, timely, secure, or error-free. We reserve the right to rate limit you as necessary to ensure that the Services remains available and accessible to all, to maintain the quality of Services for all users, and/or to prevent server overloads.

12. Payment and Billing

We may invoice you for your access to AI Emojis through a third-party payment service provider. The terms of service of that third-party payment provider will govern any payment disputes or issues, and will take precedence over these Terms in the event of a conflict.

You can cancel your subscription plan at any time. We also reserve the right to terminate or suspend your access to AI Emojis for any reason, including if you violate our Community Guidelines or misuse the service. Any breach of the Community Guidelines will be considered a violation of these Terms. Should your subscription be terminated, you will not receive a refund for the current billing period. However, no additional charges will be made once the current subscription period ends.

13. Data Protection and Privacy

By using AI Emojis, you consent to the collection, storage, and processing of your personal data by us in accordance with our Privacy Policy.

14. Termination

We reserve the right to terminate or suspend your access to AI Emojis, without prior notice, for conduct that we believe violates these Terms, is harmful to other users of AI Emojis, us, or third parties, for failure to make timely payment of fees for the Services, if any, or for any other reason.

Upon termination, your right to use the Services ceases immediately. All provisions of these Terms shall survive termination, including without limitation, ownership provisions, warranty disclaimers, and limitations of liability.

You may cancel your subscription and terminate your use of the Services at any time. Cancellation or termination does not relieve you of any obligation to pay any outstanding fees associated with your subscription, including, but not limited to early cancellation fees.

15. Changes to These Terms

We reserve the right, at our sole discretion, to make changes to these Terms. It is your responsibility to check these Terms periodically for changes. Your continued use of AI Emojis following the posting of any changes to the Terms constitutes acceptance of those changes.

Please review the Terms regularly. If you do not agree to the amended Terms, you must stop using our Services and, if applicable, cancel your subscription.

16. Severability

If any provision of the Terms is held invalid or unenforceable for any reason, the remainder of the Terms will continue in full force and effect and such provision shall be ineffective only to the extent of such invalidity or unenforceability.

17. No Waiver

Our failure to enforce or exercise any provision of the Terms is not a waiver of that provision.

18. Force Majeure

Neither party will be liable to the other for any delay or failure to perform any obligation (other than your payment obligations to AI Emojis) under the Terms if the delay or failure is due to unforeseen events which are beyond the reasonable control of the parties, such as natural disasters, war, terrorism, or acts of God.

19. Feedback and Suggestions

If you send us any feedback or suggestions regarding AI Emojis, you grant AI Emojis an unlimited, irrevocable, perpetual, royalty-free license to use any such feedback or suggestions for any purpose without any obligation to you.

20. Contact

For any questions about these Terms, please contact us at [email protected].