Terms of Service

Last updated: March 9, 2026

1. Acceptance of Terms

By accessing or using the EmojiOut platform ("Service"), operated by Favrs, LLC ("Company," "we," "us," or "our"), you agree to be bound by these Terms of Service. If you do not agree, do not use the Service.

2. Description of Service

EmojiOut is an SMS and MMS marketing engagement platform that enables businesses to send campaigns, manage subscribers, create keywords with auto-responses, build data collection forms, and track link engagement. The Service also includes a link shortening and delivery component at cmsg.cc.

3. Account Registration

EmojiOut is currently in closed beta. Accounts are created by invitation only. You are responsible for maintaining the confidentiality of your account credentials and for all activities under your account.

4. Messaging Compliance

You agree to comply with all applicable messaging laws and regulations, including but not limited to:

• The Telephone Consumer Protection Act (TCPA)
• The CAN-SPAM Act
• Carrier and industry guidelines for A2P (Application-to-Person) messaging
• Twilio's Acceptable Use Policy and Messaging Policy

You must obtain proper consent from recipients before sending messages and must honor all opt-out requests immediately.

5. Acceptable Use

You agree not to use the Service to:

• Send unsolicited messages (spam) to recipients who have not opted in
• Distribute malware, phishing content, or deceptive links
• Violate any applicable laws or regulations
• Infringe on the intellectual property rights of others
• Send content that is illegal, harmful, threatening, or obscene
• Attempt to disrupt, overload, or interfere with the Service

We reserve the right to suspend or terminate any account that violates these terms without prior notice.

6. Data and Privacy

Your use of the Service involves the collection and processing of subscriber data. You are responsible for ensuring that your data collection practices comply with applicable privacy laws. See our Privacy Policy for details on how we handle data.

7. Link Shortening

The Service includes link shortening functionality via emojiout.com and cmsg.cc. Shortened links are tracked for engagement analytics. Links are subject to the same acceptable use restrictions as messages.

8. Intellectual Property

The Service, including its design, code, and content, is owned by Favrs, LLC and protected by intellectual property laws. You retain ownership of your content but grant us a license to process and transmit it as necessary to provide the Service.

9. Disclaimer of Warranties

The Service is provided "as is" and "as available" without warranties of any kind, either express or implied. We do not guarantee uninterrupted, error-free, or secure operation of the Service.

10. Limitation of Liability

To the maximum extent permitted by law, Favrs, LLC shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of the Service, including but not limited to lost revenue, message delivery failures, or data loss.

11. Indemnification

You agree to indemnify and hold harmless Favrs, LLC and its officers, employees, and affiliates from any claims, damages, or expenses arising from your use of the Service, your content, or your violation of these terms.

12. Termination

We may suspend or terminate your access to the Service at any time for violation of these terms or for any other reason at our sole discretion. You may terminate your account by contacting us at the address below.

13. Modifications

We may update these Terms of Service at any time. Continued use of the Service after changes are posted constitutes acceptance of the revised terms.

14. Governing Law

These terms are governed by the laws of the State of Tennessee, without regard to conflict of law principles.

15. Contact

For questions about these terms, contact us at:

Favrs, LLC
Email: will@thefavrs.com