SendBound Terms & Conditions

Last modified: 01-01-2022

Terms of Service

Thank you for using SendBound (“SendBound” or the “Service”) email marketing services. The Service is owned by Apparatus, a limited corporation with offices in Denver, CO USA. Throughout these sites, the terms “we”, “us” and “our” also refer to “SendBound”. SendBound offers this website, including all information, tools, and services available from this site and any other website owned by SendBound, to you, the user (“You” or “User”), under the condition of your acceptance of all terms, conditions, policies, and notices stated here.

SendBound is a SAAS marketing service offered through https://SendBound.com/ (the “Website” or “Site”) to create, send and manage marketing campaigns to individual subscribers.

By using our services or signing up for an account, you agree to follow these terms of use (“Terms of Service”, “Terms” or “Agreement” including our Privacy Policy and our Anti-Spam Policy) and all of its contents. These Terms apply to all users of https://SendBound.com/ and all its related pages. This is a legal agreement, so please read it carefully. If you do not agree to all terms and conditions stated in this agreement, then you may not access any of our websites or use any services contact us at support@SendBound.com for more information.

SECTION 1 – ACCOUNT

Eligibility

In order to use SendBound you must:

Be of legal age in your state, province or country of residence.

Complete the registration process.

Agree to the Terms of Service.

Provide true, complete, and up-to-date contact information.

In using SendBound, you affirm that you meet all the requirements listed above, and you may not use our tools or apps for any illegal or unauthorized purpose nor may you, in the use of our service, violate any laws in your jurisdiction (including but not limited to copyright laws).

Terms

This Agreement is entered into as of the effective date you first sign into the SendBound website or use its services (the “Effective Date”). This agreement consists of the following terms and conditions as well as each campaign submitted by you and accepted by SendBound, each of which is incorporated and made a part of this agreement.

This Agreement will become effective as of the effective date. The term of this agreement will continue until terminated as set forth herein.

Changes

We may change any of the terms by posting a revised Terms of Service on our website or by sending an email to the last email address you gave us. The new terms will be effective immediately after posted and it applies to any continued or new use of SendBound. We may change the website, the service, or any features of the service at any time.

Termination and Suspension

This Agreement may be terminated by SendBound at any time and for any reason by giving notice to the other party. We may suspend our service to you at any time, with or without cause.

Without limiting SendBound’s right to terminate this agreement, SendBound may also immediately and indefinitely suspend your access to the services, with or without notice to you, upon any actual, threatened or suspected breach of this agreement or of applicable law or upon any other conduct deemed inappropriate or detrimental to the Services by SendBound (including, but not limited to, rogue script, bad send and unauthorized takeover or other malicious activity on your account).

If we terminate your account without cause, we’ll refund a prorated portion of your monthly prepayment. We won’t refund or reimburse you if there’s a cause, like a violation of these terms. Once terminated, we may permanently delete your account and all the data associated with it, including your Emails from our Website.

Google Account

In order to sign in with a Google account you must:

Be the owner of that account.

Use a valid account with accurate information.

Not impersonate a third party.

SECTION 2 – PAYMENT

Monthly Subscription

By upgrading to any of the available subscription plans, you agree to pay SendBound all fees set forth in the plan. All fees will be billed monthly for the amount agreed upon indicated in your profile on your account. Payments are due during any month on the same or closest date to the first day you upgraded to a SendBound plan (the “Pay Date”). Fees are payable in US dollars.

If you cancel your subscription and upgrade again to any plan, the new pay date will be at the moment that you upgrade your account, and previous payments won’t be refunded.

Campaigns Fees

By accepting these Terms, you accept all fees incurred by sending a Campaign through our service specified in the SendBound’s website, support page or on your profile within your account.

7.1 Base price per campaign due to payment limitations, we have a base price of $99 for 500,000 emails a month. The following emails will be charged with the regular campaign fee. You need to make sure to double-check your lists and subscribers before sending out a campaign.

7.2 The charge above includes all the recipients of the selected lists. If your campaign is blocked in the middle of the process by failing our Anti-Spam Policy, you’ll also be charged for those remaining emails. It’s your responsibility to clean and keep all your lists up to date.

Credit Card

If you have specified a valid credit or debit card, you grant SendBound the right to charge that credit or debit card for all Fees incurred under this agreement. You’ll replace the information for any credit card that expires with information for a valid one. Anyone using a credit card represents and warrants that they are authorized to use that credit card and that any and all charges may be billed to that credit card and won’t be rejected. If we’re unable to process your credit card order, we’ll try to contact you by email and suspend your account until your payment can be processed.

If the Client fails to pay within 14 days of the date of each invoice, SendBound retains the right to disable the account until such time that any outstanding invoices have been settled.

Refunds

We’ll give you a refund for the last monthly fee if we stop providing our services to you for a reason that’s not laid out in these Terms or our Privacy Policy. You won’t be entitled to a refund from us under any other circumstances.

All campaign fees are non-refundable once paid to SendBound (including upon any termination or suspension of this agreement).

If you fail to follow the guidelines of our Anti-Spam Policy you won’t be able to claim a refund.

Charges from Amazon

If you’re using your own Amazon SES keys through SendBound, you’ll accept that all the fees made by Amazon.com, Inc. (“Amazon”) and any of their subsidiaries like Amazon Web Services, Inc., as set forth on the site are completely independent of SendBound.

Billing Changes

We may change all our fees at any time by posting a new pricing structure for our Website. The new pricing will be effective immediately for all users unless otherwise agreed upon.

You are able to cancel your subscription at any time. You aren’t obligated to accept a new price, and therefore may cancel your subscription in that case.

SECTION 3 – RIGHTS

Proprietary Rights Owned by us

You will respect our proprietary rights on the website and the software used to provide SendBound. SendBound retains all rights, titles, and interests, including and without limitation to, all IPR (this includes patents, trademarks, service marks, trade secrets, and copyrights), in and on the sites, services, technology, any software, and any additions, improvements, updates, and modifications thereto. You acknowledge that you are not receiving any ownership interest in or to any of the foregoing, and no right or license is granted to you to use apart from your right to access the services under this agreement. You may only use our brand assets with prior permission.

Proprietary Rights Owned by You

You represent and warrant that you either own or have permission to use all of the material in your Emails. You retain ownership of the materials that you upload to the service. We may use or disclose your materials only as described in these terms and our privacy policy. We also may use or disclose your company logo/name to other SendBound users in our promotional landing pages, without your previous consent. If you don’t want your company logo to appear on them, just send us an email and we’ll remove them.

Privacy Policy

We may use and disclose your information according to our privacy policy. Our privacy policy will be treated as part of these terms.

Right to Review Email Campaigns

We may view, copy, and internally distribute content from your Emails and account to create algorithms and programs (“Tools”) that help us spot problem accounts. We use these Tools to find Members who violate these terms or laws.

SECTION 4 – RULES AND RESTRICTION

Restrictions

In addition to other prohibitions as set forth in the terms of service, you are prohibited from using SendBound or its content:

For any unlawful purpose.

To solicit others to perform or participate in any unlawful acts.

To violate any international, federal, provincial or state regulations, rules, laws, or local ordinances.

To infringe upon or violate our intellectual property rights or the intellectual property rights of others.

To harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability.

To submit false or misleading information.

To upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of our tools or apps or of any related website, other websites, or the Internet.

To collect or track the personal information of others.

To spam, phish, pharm, pretext, spider, crawl, or scrape.

For any obscene or immoral purpose.

To interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of our tools or apps or any related website for violating any of the prohibited uses.

Anti-Spam Policy

You may not use these services for the sending of unsolicited emails (also called “spam”). You must comply at all times with our Anti-Spam policy.

We are not responsible if your account becomes blocked after using our cleaning service because we are not able to detect 100% of bounces that might occur after sending a campaign.

SECTION 5 – DISCLAIMER OF WARRANTIES; LIABILITY AND ABUSE

Limitation of Liability

In no case shall SendBound our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including but without limitation to, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of our tools or apps or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions our liability shall be limited to the maximum extent permitted by law.

No Warranties

We do not guarantee, represent or warrant that your use of SendBound will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of our tools or apps will be accurate or reliable.

You agree that from time to time we may remove our tools or apps for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, SendBound is at your sole risk. SendBound is (except as expressly stated by us) provided ‘as is’ and ‘as available for your use, without any representation, warranties or conditions of any kind, either expressed or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

Indemnity

You agree to indemnify, defend and hold harmless SendBound and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these terms of service or the documents they incorporate by reference or your violation of any law or the rights of a third-party.

Severability

In the event that any provision of these terms of service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these terms of service. Such determination shall not affect the validity and enforceability of any other remaining provisions.

Governing Law

These terms of service and any separate agreements whereby we provide you services shall be governed by and construed in accordance with the laws of Catalonia.

Entire Agreement

The failure of us to exercise or enforce any right or provision of these terms of service shall not constitute a waiver of such right or provision.

These terms of service and any policies or operating rules posted by us on this site or with respect to the service constitutes the entire agreement and understanding between you and us and govern your use of the service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the terms of service).

Any ambiguities in the interpretation of these terms of service shall not be construed against the drafting party.

Data Processing Addendum and GDPR

We are strongly committed to protecting your data. You should be the one who decides and has access to everything. 

That’s it! You’ve reached the end. Thanks for taking the time to learn about SendBound policies.

Inquiries

All inquiries to SendBound about the Terms should be made by emailing support@sendbound.com