Legal

Terms of Service

Last updated: May 25, 2025

These Terms of Service (“Terms”) govern your access to and use of SendOut (the “Service”), operated by SendOut (“Company”, “we”, “us”, or “our”). By creating an account or using the Service, you agree to be bound by these Terms. If you do not agree, do not use the Service.

1Acceptable Use

You may use the Service only for lawful purposes and in accordance with these Terms. You agree not to use the Service:

Prohibited uses include:

— Sending unsolicited bulk email (spam) in violation of CAN-SPAM, GDPR, CASL, or other applicable anti-spam laws

— Sending email to addresses you do not have a lawful basis to contact

— Spoofing, phishing, or any form of fraudulent communication

— Harvesting email addresses without consent

— Using the Service to distribute malware, viruses, or malicious content

— Attempting to circumvent rate limits, access controls, or security measures

— Reselling access to the Service without our written permission

— Sending email that violates any third-party's rights including privacy and intellectual property rights

We reserve the right to determine, at our sole discretion, whether use of the Service violates this policy. Violations may result in immediate suspension without refund.

2Customer Responsibilities

You are responsible for:

  • Maintaining the security of your account credentials and notifying us promptly of any unauthorized access
  • Ensuring you have the legal right to send email to all recipients in your campaigns
  • Maintaining valid unsubscribe mechanisms in all marketing communications
  • Complying with all applicable laws in your jurisdiction regarding email marketing
  • Monitoring your campaigns for bounce rates, spam complaints, and deliverability signals
  • Ensuring the sending domains and mailboxes you connect to SendOut are owned or authorised for your use
  • Any actions taken through your account, whether by you or a third party with access to your credentials

3Email Provider Terms & Responsibility

When you connect a mailbox, you grant SendOut access to that mailbox on your behalf. You represent and warrant that:

  • You have the right to authorize SendOut to access the connected mailbox
  • Your use of the connected mailbox through SendOut complies with that email provider's terms of service (e.g., Google Workspace Terms, Microsoft Services Agreement)
  • You understand that some email providers restrict automated or bulk sending, and you have reviewed and comply with those restrictions

SendOut is not responsible for any suspension, throttling, or termination of your mailbox by your email provider resulting from your use of our Service.

4Account Suspension & Termination

We may suspend or terminate your account at any time for the following reasons:

— Violation of these Terms or our Acceptable Use Policy

— Non-payment of fees for a paid plan after a reasonable cure period

— Sustained high spam complaint rates or abuse reports from third parties

— At our sole discretion to protect the integrity and deliverability of the shared sending infrastructure

You may terminate your account at any time through the account settings. Upon termination, your data will be deleted in accordance with our data retention policy. If you terminate a paid plan mid-period, you will not receive a prorated refund unless required by law.

5Billing & Payment

Note

Paid plans and billing are not yet active. This section will be updated when subscription billing is enabled.

When billing is enabled, the following terms will apply:

  • Subscription fees are billed in advance on a monthly or annual cycle
  • All fees are non-refundable except where required by law
  • We reserve the right to change pricing with at least 30 days notice
  • Overdue accounts may be suspended after a 7-day grace period

6Limitation of Liability & Disclaimer

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SENDOUT SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, BUSINESS, OR GOODWILL.

In particular, we make no warranty or guarantee that the use of our warming service will result in any specific inbox placement rate, deliverability outcome, or campaign performance. Email deliverability depends on many factors outside our control, including recipient email providers' policies, your content, and your sending practices.

7Changes to These Terms

We may update these Terms from time to time. When we make material changes, we will notify you by email or by a prominent notice within the Service at least 14 days before the changes take effect. Continued use of the Service after changes take effect constitutes your acceptance of the revised Terms.

8Contact

Questions about these Terms should be directed to:

SendOut

Email: legal@sendout.app

General contact: sendout.app/contact

These Terms are effective as of May 25, 2025 and supersede all previous versions.

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