EmojiHouse

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Terms of Service

Last updated: October 20, 2025

⚠️ Critical Legal Notice - Read Before Using EmojiHouse

These Terms of Service contain important legal disclaimers and limitations. By using EmojiHouse, you acknowledge and agree to:

  • Section 10: Limitation of liability (max liability = 12 months fees)
  • Section 12: Governing law and dispute resolution (Delaware jurisdiction)
  • Section 13: NO GUARANTEED EARNINGS - Performance varies, past results don't guarantee future outcomes
  • Section 14: Attribution is PROBABILISTIC (75% confidence target, not 100% accurate)
  • Section 15: Data collection limitations, COPPA compliance, NO fingerprinting or unauthorized tracking
  • Section 16: YOU are responsible for third-party platform compliance (Apple ATT, Google, Meta policies)
  • Section 17: Securities law compliance - no inflated performance claims to investors

⚠️ If you are a publicly traded company or subject to SEC oversight, pay special attention to Sections 13, 14, and 17.

By clicking "I Accept" or using this Service, you acknowledge you have read and agree to ALL sections of these terms.

1. Agreement to Terms

By accessing or using the EmojiHouse platform ("Service", "Platform", "we", "us", or "our"), you ("Developer", "Advertiser", "you", or "your") agree to be bound by these Terms of Service ("Terms", "Agreement"). If you disagree with any part of these terms, you may not access or use the Service.

These Terms constitute a legally binding agreement between you and EmojiHouse, Inc., a Delaware corporation. These Terms apply to all users of the EmojiHouse platform, including but not limited to developers, advertisers, publishers, and any third parties who access or use our Services.

Acceptance of Terms: By creating an account, accessing our API, integrating our SDK, or using any part of our Service, you expressly acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you are entering into this Agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these Terms.

2. Developer Services

2.1 API Access

EmojiHouse provides API access to integrate our behavioral intelligence and monetization services into your applications. By using our API, you agree to:

  • Use API keys securely and not share them publicly
  • Implement our SDK according to documentation guidelines
  • Respect rate limits and usage quotas
  • Maintain accurate implementation for attribution tracking
  • Report any bugs or vulnerabilities responsibly

2.2 Account Registration

You must provide accurate and complete information when creating an account. You are responsible for:

  • Maintaining the security of your account credentials
  • All activities that occur under your account
  • Notifying us immediately of any unauthorized access
  • Keeping your contact information current

3. Revenue Sharing & Payments

3.1 Developer Revenue Share

EmojiHouse operates on a revenue-sharing model. Developer earnings are based on:

  • Starter Tier (Free): 62% revenue share (38% platform fee)
  • Growth Tier ($199/month): 65% revenue share (35% platform fee)
  • Enterprise Tier ($999/month): 68% revenue share (32% platform fee)
  • Scale Tier ($2,499/month): 70% revenue share (30% platform fee)

3.2 Payment Processing

Developer Payouts (Managed by Stripe Connect):

All payments are processed through Stripe Connect. Payout terms are subject to Stripe's policies and may vary based on account risk assessment.

Our Standard Policy (Subject to Stripe's Final Determination):

  • Instant Payout: 80% of your share (typically available in 2-7 days via Stripe)
  • Reserve: 20% held for 60 days to cover chargebacks/disputes (Stripe may adjust based on risk)
  • Minimum Payout: $10.00 USD
  • Payment Method: Stripe Connect (bank transfer)

By accepting payouts, you agree to Stripe's Terms of Service. Stripe reserves the right to adjust reserve amounts and hold periods based on their underwriting policies. For full details: https://stripe.com/connect-account/legal

3.3 Attribution Requirements

Revenue is attributed based on our ML-powered attribution model. Our system generates confidence scores targeting the following quality thresholds for billing:

  • Confidence Score Target: 75% minimum confidence threshold for billing (this is a MODEL ESTIMATE, not validated ground truth - see Section 14 for details)
  • Minimum Lift: $5.00 minimum billable revenue lift (to filter noise and ensure material impact)
  • Behavioral Validation: Multi-signal fraud detection (9+ signals analyzed)
  • Time Window: Conversions tracked within 30 days of last interaction

ℹ️ Important: Attribution is Probabilistic

Our 75% confidence threshold represents our ML model's ESTIMATE of attribution likelihood, not validated ground truth accuracy. Actual attribution accuracy may be higher or lower depending on data quality, user behavior patterns, technical limitations, and market conditions. See Section 14 for complete methodology and limitations disclosure.

3.4 Advertiser Billing

Advertisers are billed monthly based on attributed revenue lift. Billing terms include:

  • Monthly billing cycles (calendar month)
  • Payment due within 15 days of invoice
  • Platform fee: 38% of attributed revenue
  • Developer share: 62% distributed according to tier

4. Stripe Connect Integration

All payments are processed through Stripe Connect. By accepting payouts, you agree to:

  • Complete Stripe's onboarding verification process
  • Comply with Stripe's Terms of Service
  • Provide accurate tax information (W-9 or W-8BEN)
  • Accept payments via Stripe's standard transfer timeline
  • Understand that reserve funds protect against chargebacks

5. Prohibited Activities

You may not use the Service to:

  • Generate fake or fraudulent traffic
  • Manipulate attribution data or behavioral signals
  • Use bots, scripts, or automated tools to inflate metrics
  • Share API keys or allow unauthorized access
  • Reverse engineer or attempt to extract our ML models
  • Violate any applicable laws or regulations
  • Infringe on intellectual property rights
  • Engage in activities that harm the platform or other users

⚠️ Fraud Prevention:

We employ sophisticated fraud detection using 9+ behavioral signals. Fraudulent activity results in immediate account suspension, forfeiture of pending payouts, and potential legal action.

6. Data & Privacy

By using our Service, you acknowledge that:

  • We collect behavioral data to power our ML attribution models
  • All data collection complies with GDPR, CCPA, and privacy regulations
  • You must obtain proper user consent for data collection
  • We do not sell personal data to third parties
  • Data is used exclusively for attribution and fraud prevention

See our Privacy Policy for complete details.

7. Intellectual Property

The Service and its original content, features, and functionality are owned by EmojiHouse and are protected by international copyright, trademark, and other intellectual property laws.

  • Our ML models, algorithms, and attribution logic are proprietary
  • API documentation and SDKs are provided under our developer license
  • EmojiHouse trademarks may not be used without permission
  • You retain ownership of content you create using our APIs

8. Disputes & Chargebacks

8.1 Chargeback Protection

The 20% reserve system protects both developers and the platform from chargebacks:

  • Reserves are held for 60 days (standard chargeback window)
  • If a dispute is raised, affected reserves are frozen
  • If you win the dispute, reserves are released
  • If you lose the dispute, funds are deducted from reserves

8.2 Dispute Resolution

For disputes between users and the platform:

  • Contact support@emojihouse.com within 30 days
  • We will investigate and respond within 10 business days
  • Unresolved disputes may require binding arbitration

9. Termination

We may terminate or suspend your account immediately, without prior notice, for:

  • Breach of these Terms
  • Fraudulent activity or manipulation
  • Violation of laws or regulations
  • Non-payment of fees (for paid tiers)
  • At our sole discretion for any other reason

Upon termination, pending payouts will be processed after the 60-day reserve period, minus any fees or charges owed.

10. Limitation of Liability

To the maximum extent permitted by law, EmojiHouse shall not be liable for:

  • Indirect, incidental, special, or consequential damages
  • Lost profits, revenue, or data
  • Service interruptions or downtime
  • Attribution inaccuracies (though we strive for 75%+ confidence)
  • Third-party actions (including Stripe or payment processors)

Our total liability shall not exceed the amount paid by you in the 12 months prior to the claim.

11. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of significant changes via:

  • Email notification to your registered address
  • Notice on the platform dashboard
  • Updated "Last modified" date on this page

Continued use of the Service after changes constitutes acceptance of the new Terms.

12. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the United States and the State of Delaware, without regard to its conflict of law provisions.

13. Performance and Earnings Disclaimers

⚠️ No Guaranteed Results

IMPORTANT: Past performance does not guarantee future results. The revenue, CPM rates, earnings estimates, and attribution accuracy described in these Terms or shown in our platform are based on historical data and current performance metrics, which may not be indicative of future outcomes.

We make NO GUARANTEES regarding:

  • Specific earnings amounts or revenue targets
  • Conversion rates or user engagement metrics
  • Return on investment (ROI) or profitability
  • Traffic volume or user acquisition results
  • Long-term revenue sustainability or growth

13.1 Variable Performance Factors

Platform performance and earnings are subject to numerous factors beyond our control, including but not limited to:

  • Market Conditions: Advertiser demand, industry trends, seasonal fluctuations, and economic conditions
  • Platform Changes: Third-party platform policy updates (Apple ATT, Google Privacy Sandbox, Meta advertising policies)
  • Technical Factors: Attribution accuracy, data quality, user behavior patterns, device compatibility
  • Competitive Landscape: New competitors, pricing pressure, market saturation
  • Regulatory Changes: Privacy laws (GDPR, CCPA), advertising regulations, data collection restrictions

13.2 Forward-Looking Statements

Any statements in our marketing materials, platform communications, or documentation regarding future performance, features, or capabilities are "forward-looking statements" that involve risks and uncertainties. Actual results may differ materially from projected outcomes.

No Investment Advice: Nothing in this Service constitutes financial, investment, tax, or legal advice. Consult qualified professionals before making business decisions.

14. Attribution Accuracy and Methodology

⚠️ Attribution is Probabilistic, Not Guaranteed

Our ML-based attribution system provides confidence scores and probabilistic estimates, not absolute certainty. While we target a minimum 75% confidence threshold for billing, attribution accuracy depends on data quality, user behavior patterns, technical limitations, and other factors beyond our control.

14.1 How Attribution Works

EmojiHouse uses a multi-signal machine learning model to attribute revenue lift to developer implementations. Our system analyzes:

  • Emoji engagement scores (behavioral trust indicators)
  • Session behavioral patterns (9+ fraud detection signals)
  • Conversion timing and user journey analysis
  • Historical performance data and baseline comparisons
  • Confidence scoring based on data completeness

14.2 Attribution Limitations

Attribution is NOT 100% accurate. Known limitations include:

  • Multi-Touch Attribution: Users may interact with multiple touchpoints; we attribute based on highest confidence signal
  • Privacy Restrictions: Apple ATT, browser tracking prevention, and ad blockers reduce data availability
  • Cross-Device Behavior: Users switching devices may not be tracked consistently
  • Organic Conversion Overlap: Some attributed conversions may have occurred organically without our influence
  • Data Quality Variance: Incomplete data, technical errors, or integration issues affect accuracy
  • Time Lag: Attribution windows (30 days) may miss longer conversion cycles

14.3 Dispute Resolution for Attribution

Advertisers or developers may dispute attribution accuracy within 30 days of billing. Disputes will be reviewed based on:

  • Confidence score analysis (disputes for scores below 75% automatically reviewed)
  • Data logs and session recordings (if available)
  • Third-party analytics comparison (Google Analytics, etc.)
  • Historical baseline performance vs. attributed lift

Final Decision: EmojiHouse retains final authority on attribution disputes, but will provide transparent methodology explanations and adjust billing if errors are confirmed.

15. Data Collection and Privacy Transparency

🔒 Privacy-First Data Collection

EmojiHouse is committed to transparent, consent-based data collection that respects user privacy and complies with all applicable laws (GDPR, CCPA, COPPA, Apple ATT, Google Privacy Sandbox).

15.1 What Data We Collect

We collect the following data for attribution and fraud prevention:

  • Emoji Engagement: Which emojis users select, interaction timing, selection patterns, emoji selection velocity
  • Behavioral Signals (9+ fraud detection signals):
    • Session duration and timing patterns
    • Mouse/touch movement patterns (bot detection)
    • Scroll depth and velocity (engagement authenticity)
    • Click patterns and interaction timing (fraud prevention)
    • Page visibility and tab switching behavior (attention verification)
    • Device orientation changes (mobile device verification)
    • Form interaction patterns (user authenticity)
    • Network timing and latency (proxy/VPN detection)
    • Engagement velocity analysis (automation detection)
  • Technical Metadata: Device type, browser, screen size, user agent, timestamp, device fingerprint (see Section 15.2)
  • Network Data: IP addresses (processed for geolocation and fraud detection, not stored long-term), network latency
  • Conversion Events: Purchase completion, revenue amount, conversion timestamp
  • Session Context: Referral source, campaign ID, session ID (anonymized)

Purpose: These signals are collected EXCLUSIVELY for (1) fraud prevention and bot detection, (2) attribution quality scoring (75%+ confidence threshold), and (3) advertiser protection from invalid traffic. NOT used for ad targeting across sites, selling data to data brokers, or cross-site behavioral advertising.

15.2 Device Fingerprinting for Fraud Prevention

ℹ️ Transparency: We Use Limited Device Fingerprinting

To protect advertisers from fraud and invalid traffic, we generate device fingerprints using technical metadata. This is done EXCLUSIVELY for security and fraud prevention, not for advertising or cross-site tracking.

What is Device Fingerprinting? We create a unique identifier (fingerprint) by combining technical characteristics of your device:

  • Device type (desktop, mobile, tablet)
  • User agent string (browser and OS version)
  • Screen resolution and color depth
  • Timezone and language settings
  • Platform information

How We Use Device Fingerprints:

  • Fraud Detection: Identify suspicious patterns (e.g., same device generating hundreds of conversions)
  • Bot Prevention: Distinguish real users from automated scripts
  • Quality Assurance: Flag low-quality traffic for advertiser protection
  • Attribution Accuracy: Improve confidence scoring by detecting device-level fraud

Limitations & Privacy Protections:

  • Security Only: Fingerprints are used ONLY for fraud prevention, not ad targeting or tracking across sites
  • Temporary Storage: Fingerprints stored for 90 days, then anonymized or deleted
  • No PII: Fingerprints do not contain names, emails, or other personally identifiable information
  • No Third-Party Sharing: Fingerprints never sold or shared with advertisers or data brokers
  • Limited Scope: Only used within advertiser checkout flows, not across unrelated websites

Your Rights Regarding Device Fingerprinting:

  • Opt-Out: You can request to opt out of device fingerprinting, but this may limit service availability as we use it to protect advertisers from fraud
  • Data Deletion: Request deletion of your device fingerprint data via support@emojihouse.com
  • Access: Request a copy of your fingerprint data through our data export feature

Legal Basis (GDPR): Legitimate interest (fraud prevention and service security). You may object to processing, but this may affect service availability. Legal Basis (CCPA): Business purpose (security and fraud detection).

15.3 What We DO NOT Collect

🔒 Privacy Protections & Transparency:

  • Limited Device Fingerprinting (Fraud Prevention Only): We generate device fingerprints using technical metadata (device type, user agent, screen resolution, timezone, language) EXCLUSIVELY for fraud detection and prevention. Not used for ad tracking or cross-site tracking. Stored temporarily (90 days), then anonymized. Not shared with third parties.
  • NO Cross-Site Tracking: We do not track users outside of advertiser checkout flows or across unrelated websites
  • NO Personal Identifiable Information (PII) Collection: No names, emails, addresses, phone numbers collected for attribution
  • Limited IP Address Processing: IP addresses processed only for geolocation (city-level) and fraud detection, never stored long-term
  • NO Reverse Engineering: We do not reverse engineer partner platform data or violate platform agreements
  • NO Unauthorized Data Sharing: Data is never sold to third parties or used for purposes beyond attribution and fraud prevention

15.3 Child Safety and COPPA Compliance

🚫 No Data Collection from Children:

EmojiHouse does NOT knowingly collect data from children under 13 (or applicable age in your jurisdiction). Our Service is intended for businesses and developers, not end consumers.

Developer Responsibility: If your application targets children, you MUST:

  • Implement age verification before EmojiHouse integration appears
  • Disable EmojiHouse SDK for users under 13 (or applicable age)
  • Comply with COPPA, GDPR-K, and all child protection laws
  • Notify us immediately if child data is inadvertently collected

15.5 User Consent Requirements

Developers MUST obtain proper user consent before implementing EmojiHouse:

  • Display clear privacy notice explaining emoji-based engagement tracking
  • Obtain opt-in consent for analytics/personalization (where required by law)
  • Respect user opt-out requests (Do Not Track, CCPA opt-out, GDPR right to erasure)
  • Provide mechanism for users to access, correct, or delete their data

15.6 Data Retention and Deletion

Data Retention: We retain behavioral data for:

  • ML Training Data: 12 months (used to improve attribution accuracy)
  • Attribution Records: 24 months (for billing disputes and financial reporting)
  • Aggregated Analytics: Indefinitely (anonymized, no individual user identification)

Right to Deletion: Users may request data deletion via support@emojihouse.com. We will delete all identifiable data within 30 days, except where retention is required by law (tax records, dispute resolution).

16. Platform Agreement Compliance

⚠️ Developer Responsibility for Third-Party Platform Compliance

You are solely responsible for complying with all third-party platform terms of service (Apple App Store, Google Play, Meta advertising policies, Shopify terms, etc.). EmojiHouse does NOT authorize, condone, or assist with any violation of platform policies.

16.1 Third-Party Platform Requirements

When integrating EmojiHouse, you MUST comply with:

  • Apple App Tracking Transparency (ATT): Request user permission before tracking (iOS 14.5+)
  • Google Play User Data Policy: Disclose data collection in privacy policy, obtain consent
  • Meta Advertising Policies: Do not use data obtained from Meta/Facebook for attribution without authorization
  • Google Privacy Sandbox: Use privacy-preserving APIs (Topics API, Protected Audience API) where applicable
  • Shopify Partner Terms: Respect merchant data ownership, do not scrape unauthorized data
  • Amazon Affiliate Program: Comply with linking requirements and disclosure rules

16.2 Prohibited Platform Violations

🚫 You MAY NOT:

  • Scrape, reverse engineer, or extract data from partner platforms (Meta, Google, Shopify, etc.)
  • Use EmojiHouse to circumvent platform tracking restrictions (ATT, Privacy Sandbox)
  • Violate platform data usage policies by combining unauthorized datasets
  • Use attribution data to manipulate ad bidding or violate platform advertising policies
  • Force unwanted app installations or "backdoor" install schemes
  • Misrepresent performance metrics to platform partners or advertisers

16.3 Consequences of Platform Violations

If you violate third-party platform terms:

  • Immediate Termination: EmojiHouse may suspend your account immediately
  • No Liability: EmojiHouse is not liable for platform bans, lawsuits, or financial losses
  • Indemnification: You agree to indemnify EmojiHouse for any claims arising from your violations
  • No Refunds: Fees paid before termination are non-refundable

16.4 Updates to Platform Policies

Third-party platform policies change frequently (Apple privacy updates, Google ad policy changes, etc.). You are responsible for monitoring platform policy updates and adjusting your EmojiHouse integration accordingly. We will provide guidance where possible but cannot guarantee compatibility with future platform changes.

17. Securities Law Compliance and Public Communications

⚖️ Forward-Looking Statements and Material Disclosures

If you are a publicly traded company or plan to become one, you MUST ensure all public communications about EmojiHouse performance comply with securities laws (SEC Regulation Fair Disclosure, anti-fraud provisions, etc.).

17.1 Performance Reporting Standards

When reporting EmojiHouse performance to investors, shareholders, or the public:

  • Accuracy Required: Do not inflate, exaggerate, or misrepresent attribution results or revenue lift
  • Attribution Caveats: Disclose that attribution is probabilistic and based on ML models (not absolute certainty)
  • Methodology Transparency: If citing EmojiHouse metrics, explain how attribution is calculated
  • Material Limitations: Disclose known limitations (privacy restrictions, data quality issues, etc.)
  • No Cherry-Picking: Present representative performance data, not only best-case scenarios

17.2 Forward-Looking Statement Disclaimer

Required Disclaimer for Public Companies:

"Any statements regarding expected performance, revenue projections, or future results from EmojiHouse integration constitute forward-looking statements within the meaning of Section 27A of the Securities Act of 1933 and Section 21E of the Securities Exchange Act of 1934. Actual results may differ materially due to factors including attribution accuracy limitations, market conditions, regulatory changes, platform policy updates, and competitive dynamics. We undertake no obligation to update forward-looking statements."

17.3 Prohibited Investor Misrepresentation

🚫 You MAY NOT:

  • Claim guaranteed ROI or specific revenue targets from EmojiHouse
  • Misrepresent attribution accuracy as "100% accurate" or "verified"
  • Use EmojiHouse performance data to artificially inflate stock price
  • Make material omissions about attribution limitations or data quality
  • Selectively disclose positive results while hiding negative performance
  • Use insider knowledge of platform issues to trade securities (insider trading)

17.4 EmojiHouse Public Communications

EmojiHouse will provide:

  • Transparent Methodology: Public documentation of attribution algorithms (high-level, proprietary details protected)
  • Performance Benchmarks: Anonymized, aggregated performance data (no individual customer results)
  • Limitation Disclosures: Clear communication of known accuracy limitations and edge cases
  • Regular Updates: Notification of material changes to attribution methodology or platform performance

17.5 Regulatory Cooperation

If you are subject to SEC investigation, audit, or regulatory inquiry regarding EmojiHouse performance claims, we will cooperate with regulators to provide:

  • Attribution methodology documentation
  • Historical performance data and accuracy metrics
  • Known limitations and disclosed caveats
  • Communications records related to performance reporting

Your Responsibility: You remain solely responsible for the accuracy and legality of your public disclosures. EmojiHouse provides attribution data "as-is" and makes no representations about suitability for securities law compliance.

18. Contact Information

For questions about these Terms of Service, please contact us:

Email: legal@emojihouse.com

Support: support@emojihouse.com

Website: https://ads.emojihouse.com

✅ Acknowledgment

By using EmojiHouse, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service. If you do not agree to these Terms, please do not use our Service.

Special Acknowledgments: You specifically acknowledge and agree to the disclaimers in Sections 13 (Performance/Earnings), 14 (Attribution Accuracy), 15 (Data Collection), 16 (Platform Compliance), and 17 (Securities Law Compliance).