Terms of Service

1. Acceptance of Terms

By accessing or using EmailSendX (“the Service”), operated by EmailSendX (“we”, “us”, “our”), you agree to be bound by these Terms of Service. If you do not agree to these terms, do not use the Service.

2. Description of Service

EmailSendX is a multi-tenant email marketing platform that allows users to send email campaigns, manage contacts, create automations, and track analytics using their own email infrastructure (Amazon SES, SMTP servers).

3. Account Registration

To use the Service, you must create an account by providing accurate and complete information. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

You must be at least 18 years old to use the Service. By registering, you represent that you meet this age requirement.

You must verify your email address before accessing the platform. Accounts with unverified email addresses will have limited access.

4. Workspaces and Multi-Tenancy

Each account may create or be invited to one or more workspaces. Workspaces are isolated environments with their own contacts, campaigns, templates, team members, and email provider configurations. You are responsible for all activity within workspaces you own or manage.

5. Acceptable Use

You agree not to use the Service to:

• Send unsolicited commercial email (spam) or violate CAN-SPAM, GDPR, CASL, or any other applicable anti-spam legislation
• Send emails to purchased, rented, or harvested email lists
• Send content that is illegal, harmful, threatening, abusive, defamatory, or otherwise objectionable
• Impersonate any person or entity or misrepresent your affiliation
• Attempt to gain unauthorized access to the Service or other users' accounts
• Use the Service to distribute malware, phishing, or deceptive content
• Interfere with or disrupt the Service or servers connected to the Service
• Exceed the usage limits of your subscription plan

6. Email Provider Responsibility

EmailSendX operates as a “bring your own provider” platform. You are responsible for your own email sending infrastructure, including Amazon SES or SMTP server configurations. We do not control or take responsibility for the deliverability of emails sent through your configured providers.

You are solely responsible for maintaining compliance with your email provider's terms of service and acceptable use policies.

7. Subscription Plans and Payment

The Service offers multiple subscription tiers including a free plan. Paid plans are billed monthly or annually as selected at the time of subscription. Prices are subject to change with 30 days advance notice.

You may upgrade or downgrade your plan at any time. Upgrades take effect immediately. Downgrades take effect at the end of the current billing period.

8. Data and Privacy

Your use of the Service is also governed by our Privacy Policy. You retain ownership of all data you upload to the Service, including contacts, email content, and templates.

You are responsible for ensuring that you have obtained proper consent to collect and use the personal data of your contacts in compliance with applicable data protection laws.

9. API Usage

Access to the EmailSendX API is subject to rate limits and scope restrictions as defined by your API key configuration. API keys must be kept confidential. We reserve the right to revoke API access that violates these terms or our acceptable use policy.

10. Service Availability

We strive to maintain high availability but do not guarantee uninterrupted access to the Service. We may perform maintenance, updates, or modifications that temporarily affect availability. We will provide reasonable notice for planned maintenance when possible.

11. Termination

You may terminate your account at any time by deleting your account from the Profile settings. We may suspend or terminate accounts that violate these terms, engage in abusive sending practices, or fail to make required payments.

Upon termination, your data will be retained for 30 days to allow for data export, after which it will be permanently deleted.

12. Limitation of Liability

To the maximum extent permitted by law, EmailSendX shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or business opportunities, resulting from your use of or inability to use the Service.

Our total liability shall not exceed the amount you paid to us in the twelve months preceding the claim.

13. Indemnification

You agree to indemnify and hold harmless EmailSendX from any claims, damages, or expenses arising from your use of the Service, violation of these terms, or infringement of any third party's rights.

14. Changes to Terms

We may update these Terms from time to time. Material changes will be communicated via email or through the Service. Continued use of the Service after changes constitutes acceptance of the updated terms.

15. Contact

For questions about these Terms of Service, please contact us at support@emailsendx.com.