Terms of Service

1. Acceptance of Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("Customer," "you," or "your") and Sendbound, Inc. ("Sendbound," "we," "our," or "us") governing your access to and use of the Sendbound email delivery platform, API, dashboard, and all related services (collectively, the "Services").

By creating an account, clicking "I agree," or otherwise accessing or using the Services, you agree to be bound by these Terms and our Privacy Policy. If you are accepting on behalf of an organization, you represent that you have authority to bind that organization to these Terms.

If you do not agree to these Terms, you may not access or use the Services.

2. Definitions

• "Services" means the Sendbound email API, dashboard, SMTP relay, MCP server, SDKs, and all associated software, tools, and documentation.
• "Customer Data" means all data, including personal data, that you submit to the Services, including email content, recipient addresses, contact lists, and sending domain configurations.
• "End Users" means the individuals who receive emails sent through our Services on your behalf.
• "Account" means your registered Sendbound account and associated credentials.
• "Subscription Plan" means the pricing tier you select, as described on our pricing page.
• "API" means the Sendbound application programming interface, including REST endpoints and SDK libraries.
• "SLA" means our Service Level Agreement, available at sendbound.com/legal/sla.

3. Account Registration

3.1 Eligibility

You must be at least 18 years old and capable of forming a binding contract to create an account. If you are creating an account on behalf of an organization, you must have authority to bind that organization.

3.2 Account Security

You are responsible for: (a) providing accurate and complete registration information; (b) maintaining the confidentiality of your API keys and dashboard credentials; (c) all activity that occurs under your account; and (d) promptly notifying us at security@sendbound.com of any unauthorized access.

We are not liable for any loss or damage arising from your failure to maintain account security. You must not share API keys with unauthorized individuals or expose them in public repositories.

3.3 One Account Per Entity

Each organization may maintain one primary account. Additional sub-accounts (team workspaces) may be created within the platform. Creating multiple accounts to circumvent usage limits or obtain free tier benefits is prohibited.

4. The Services

4.1 Service Description

Sendbound provides email delivery infrastructure including transactional email API, marketing broadcast tools, email automation sequences, inbound email routing, SMTP relay, deliverability analytics, and related developer tools.

4.2 Service Modifications

We may modify, update, or discontinue features of the Services at any time. For material changes that negatively impact your use, we will provide at least 30 days' notice via email or in-dashboard notification. We will not reduce the core functionality of a paid plan without offering a commensurate price reduction or allowing early termination.

4.3 Uptime and SLA

We target 99.9% monthly uptime for the email sending API. Specific SLA terms, including service credits for downtime, are set forth in our SLA document. Free tier accounts are not covered by the SLA.

4.4 Beta Features

We may offer beta or experimental features. These are provided "as is" without warranty, may be discontinued at any time, and are excluded from SLA coverage.

5. Acceptable Use Policy

You may use the Services only to send email to recipients who have given verifiable consent to receive communications from you. Specifically, you must:

• Comply with all applicable anti-spam laws, including the US CAN-SPAM Act, Canada's CASL, the EU's GDPR, and the UK PECR
• Honor unsubscribe requests within 10 business days (CAN-SPAM) or immediately (CASL/GDPR)
• Maintain valid and current opt-in records for all marketing email recipients
• Include a functioning physical mailing address and unsubscribe mechanism in all commercial emails
• Accurately identify yourself in the "From" name and email address
• Send only emails that match the use case described during account registration
• Maintain bounce rates below 5% and spam complaint rates below 0.1%
• Authenticate your sending domains with SPF, DKIM, and DMARC records

6. Prohibited Conduct

The following uses of the Services are strictly prohibited and will result in immediate account suspension:

• Sending unsolicited bulk email (spam) or using purchased, rented, or scraped email lists
• Sending content that is illegal, fraudulent, deceptive, harassing, threatening, or abusive
• Phishing, spear-phishing, credential harvesting, or any form of social engineering attack
• Distributing malware, viruses, ransomware, or other malicious code via email
• Impersonating Sendbound, another company, or any individual
• Sending content that infringes any copyright, trademark, or other intellectual property right
• Violating any export control laws, including sending to OFAC-sanctioned countries or individuals
• Reverse engineering, decompiling, or attempting to extract our source code
• Reselling or white-labeling the Services without an authorized reseller agreement
• Using the Services to facilitate cryptocurrency scams, pump-and-dump schemes, or financial fraud
• Exceeding rate limits or attempting to circumvent throttling controls
• Testing deliverability using accounts you do not own or have authorization to use

We reserve the right to determine, in our sole discretion, what constitutes a violation of this policy. We may suspend or terminate accounts at any time for prohibited conduct without prior notice or refund.

7. Payment and Billing

7.1 Subscription Fees

Paid plans are billed monthly or annually in advance. Annual plans are discounted and billed as a single lump sum. All fees are stated in US dollars and are exclusive of applicable taxes.

7.2 Usage-Based Charges

If your usage exceeds your plan's included email volume, overage charges will apply at the rate specified for your plan tier. Overages are billed monthly in arrears. You can set usage alerts and hard caps in your account settings.

7.3 Payment Methods

We accept major credit cards (Visa, Mastercard, American Express) and ACH for US customers. Enterprise customers may request invoicing with net-30 payment terms.

7.4 Taxes

You are responsible for all taxes, duties, and levies applicable to your use of the Services, except for taxes based on Sendbound's net income. For customers in tax jurisdictions where we are required to collect tax, it will be added to your invoice.

7.5 Late Payment

Invoices not paid within 30 days are subject to a late fee of 1.5% per month (or the maximum permitted by law, whichever is lower). We may suspend your account for non-payment after providing 7 days' written notice.

7.6 Refunds

Monthly subscriptions are non-refundable except as required by law. Annual subscriptions are eligible for a pro-rated refund within 30 days of payment if you terminate for cause or if we materially reduce the Services. Refund requests should be submitted to billing@sendbound.com.

7.7 Price Changes

We may change our pricing with 60 days' advance notice. Price changes do not apply to the current billing cycle. If you do not agree to a price change, you may cancel before the change takes effect.

8. Free Tier

We offer a free tier that includes 3,000 emails per month and limited platform features. The free tier is subject to additional restrictions:

• No SLA or uptime guarantees
• Rate limited to 100 emails per hour
• No dedicated IP addresses
• Sendbound branding may appear in email headers
• Free tier accounts inactive for 90 consecutive days may be deleted with prior notice
• We reserve the right to modify or discontinue the free tier with 30 days' notice

9. Intellectual Property

9.1 Sendbound IP

Sendbound and its licensors own all rights, title, and interest in the Services, including all software, APIs, documentation, trademarks, logos, and related intellectual property. These Terms do not grant you any ownership rights — only a limited, non-exclusive, non-transferable license to use the Services as permitted herein.

9.2 Customer IP

You retain all rights to Customer Data and any content you create using the Services. You grant Sendbound a limited, non-exclusive license to process Customer Data solely to provide the Services, as described in our Privacy Policy and any applicable DPA.

9.3 Feedback

If you provide suggestions, ideas, or feedback about the Services ("Feedback"), you grant Sendbound a royalty-free, perpetual, irrevocable license to use and incorporate that Feedback without restriction or compensation to you.

10. Customer Data

10.1 Data Ownership

You own all Customer Data. We do not claim ownership over your email content, contact lists, or business data.

10.2 Data Processing

For customers subject to GDPR or similar data protection laws, Sendbound acts as a data processor on your instructions. Our Data Processing Agreement (DPA) governs this relationship and is incorporated into these Terms by reference.

10.3 Data Portability and Export

You may export your Customer Data at any time through the dashboard or API. Upon account termination, we will retain your data for 30 days to allow export, after which it will be permanently deleted.

10.4 Customer Responsibility

You are solely responsible for: (a) obtaining valid consent from email recipients; (b) the legality of Customer Data under applicable law; (c) ensuring Customer Data does not violate third-party rights; and (d) honoring data subject rights requests related to Customer Data.

11. Confidentiality

"Confidential Information" means non-public information disclosed by either party that is designated as confidential or that reasonably should be understood to be confidential. Each party agrees to: (a) hold the other's Confidential Information in strict confidence; (b) use it only to perform obligations under these Terms; and (c) not disclose it to third parties without prior written consent, except to employees or contractors who need to know and are bound by equivalent confidentiality obligations.

These obligations survive termination of the agreement for 5 years. Confidentiality obligations do not apply to information that: (a) is or becomes publicly known through no breach; (b) was rightfully known before disclosure; (c) is independently developed without use of Confidential Information; or (d) is required to be disclosed by law.

12. Disclaimers

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SENDBOUND EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

SENDBOUND DOES NOT WARRANT THAT: (A) THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; (B) EMAILS SENT THROUGH THE SERVICES WILL BE DELIVERED OR NOT MARKED AS SPAM BY RECEIVING MAIL SERVERS; (C) THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS; OR (D) THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Inbox placement and deliverability rates are provided as estimates and are not guarantees. Email delivery depends on factors outside our control, including recipient mail server policies, recipient engagement history, and sending domain reputation.

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

(a) Exclusion of Consequential Damages: IN NO EVENT WILL SENDBOUND OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITIES, ARISING FROM OR RELATED TO THESE TERMS OR THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

(b) Cap on Liability: SENDBOUND'S TOTAL AGGREGATE LIABILITY TO YOU FOR ANY CLAIM ARISING FROM OR RELATED TO THESE TERMS OR THE SERVICES WILL NOT EXCEED THE GREATER OF: (I) THE FEES YOU PAID TO SENDBOUND IN THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY; OR (II) ONE HUNDRED US DOLLARS ($100).

(c) Exceptions: The limitations above do not apply to: (i) Sendbound's indemnification obligations; (ii) liability for death or personal injury caused by Sendbound's gross negligence; (iii) willful misconduct or fraud by Sendbound; or (iv) liability that cannot be excluded by applicable law.

Some jurisdictions do not allow certain limitations of liability. In such jurisdictions, our liability is limited to the maximum extent permitted by law.

14. Indemnification

You agree to indemnify, defend, and hold harmless Sendbound and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising from or related to: (a) your use of the Services in violation of these Terms; (b) Customer Data, including claims that Customer Data infringes third-party rights; (c) your violation of any applicable law, including anti-spam laws; (d) your failure to obtain valid consent from email recipients; or (e) your products or services.

Sendbound agrees to indemnify you from third-party claims alleging that the Sendbound platform itself (excluding your content) infringes a third party's intellectual property rights, subject to your prompt notification and reasonable cooperation in defense.

15. Termination

15.1 Termination by You

You may cancel your account at any time through the dashboard (Settings → Account → Cancel Subscription) or by contacting support@sendbound.com. Cancellation takes effect at the end of the current billing period. No pro-rated refunds for partial months except as provided in Section 7.6.

15.2 Termination by Sendbound

We may suspend or terminate your account: (a) immediately for violations of Sections 5 or 6; (b) with 30 days' notice for any other reason; (c) immediately if required by law or to prevent harm to our infrastructure or other users.

15.3 Effect of Termination

Upon termination: (a) your license to use the Services ends; (b) outstanding fees become immediately due; (c) we will retain your data for 30 days for export, then permanently delete it; (d) provisions that by their nature should survive (Sections 9, 11–14, 16, 17) will survive.

16. Dispute Resolution

16.1 Informal Resolution

Before initiating formal proceedings, you agree to contact us at legal@sendbound.com and give us 30 days to resolve the dispute informally.

16.2 Binding Arbitration

If informal resolution fails, any dispute arising from or related to these Terms will be resolved by final and binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration will be conducted in San Francisco, California (or by video conference by agreement). The arbitrator's decision will be final and may be entered as a judgment in any court of competent jurisdiction.

16.3 Class Action Waiver

YOU AND SENDBOUND EACH WAIVE THE RIGHT TO A JURY TRIAL AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE PROCEEDING. All claims must be brought in the parties' individual capacities, not as a plaintiff or class member in any purported class action.

16.4 Exceptions

Either party may seek injunctive or other equitable relief from a court of competent jurisdiction to prevent actual or threatened infringement of intellectual property rights or breach of confidentiality obligations.

16.5 Governing Law

These Terms are governed by the laws of the State of California, USA, without regard to its conflict of law provisions. For EU/UK customers, mandatory consumer protection laws of your jurisdiction of residence may also apply.

17. General Provisions

17.1 Entire Agreement

These Terms, together with our Privacy Policy, DPA (if applicable), and any order forms or addenda, constitute the entire agreement between you and Sendbound and supersede all prior agreements, representations, and understandings.

17.2 Modifications

We may update these Terms at any time. For material changes, we will notify you by email at least 30 days in advance. Continued use after the effective date constitutes acceptance. If you object, you may terminate your account before the effective date.

17.3 Severability

If any provision of these Terms is found unenforceable, it will be modified to the minimum extent necessary to make it enforceable. All other provisions remain in full force.

17.4 Waiver

Our failure to enforce any provision is not a waiver of our right to enforce it later. No waiver is effective unless in writing and signed by an authorized representative of Sendbound.

17.5 Assignment

You may not assign or transfer these Terms or your account without our prior written consent. We may assign these Terms to an affiliate or in connection with a merger, acquisition, or sale of assets with notice to you.

17.6 Force Majeure

Neither party is liable for delays or failures caused by circumstances beyond their reasonable control, including natural disasters, pandemics, acts of government, internet outages, or third-party infrastructure failures, provided the affected party promptly notifies the other and uses reasonable efforts to resume performance.

17.7 Export Controls

You may not use the Services in violation of US export control laws or economic sanctions, including restrictions administered by OFAC. You represent that you are not located in a sanctioned country and are not on any US government denied-party list.

18. Contact Us

For questions about these Terms:

• General/Legal: legal@sendbound.com
• Billing: billing@sendbound.com
• Security: security@sendbound.com
• Mail: Sendbound, Inc., Attn: Legal, 123 Market Street, San Francisco, CA 94105