Terms of Service

Effective [EFFECTIVE DATE]

These Terms of Service ("Terms") are an agreement between you and Send At ("Sendat," "we," "us"), located at [email protected]. They cover your use of Sendat's website, dashboard, API, and email services (the "Service"). By creating an account or using the Service, you agree to these Terms. If you use Sendat for an organization, you confirm you can bind it to these Terms, and "you" includes that organization.

1. What Sendat does

Sendat lets you send and receive email from domains you own. You add a domain, add the DNS records we give you, and then send and receive mail through the web inbox or the API. Sendat is not a domain registrar, a web host, or an office suite.

2. Your account

• You must be at least 18 years old.
• You must give us accurate information and keep it up to date.
• You must keep your password and API keys secret. You are responsible for everything done with your account.
• Tell us right away at [email protected] if you think someone else has used your account.

3. Your domains

• Add only domains you own or are authorized to manage. We may ask you to prove it.
• DNS changes are your responsibility. If your domain already uses another email service, changing its MX records sends your mail to Sendat instead. Save a copy of your current records before you change anything.
• Sendat does not control your registrar or DNS host. If you lose control of a domain, you lose the email addresses on it.

4. Your content and data

• You own your content. Your messages, attachments, contact details, and other material you send, receive, or store through the Service ("Your Content") belong to you.
• License to run the Service. You give us a limited license to host, process, transmit, and display Your Content only as needed to provide, secure, and support the Service, and as described in our Privacy Policy.
• When we look at your messages. We do not read your messages except (a) through automated processing for delivery, spam, malware, and abuse detection, (b) when you ask for support and allow it, (c) to investigate a suspected violation of these Terms or our Acceptable Use Policy, or (d) when the law requires it.
• Privacy. Our Privacy Policy explains how we handle personal data. If data protection laws like the GDPR apply to Your Content, our Data Processing Addendum applies too.
• Backups. You can delete Your Content at any time. You are responsible for keeping your own copies of messages you cannot afford to lose.
• Regulated data. Do not use the Service to store or send data that needs special legal protection, such as protected health information or payment card numbers, unless we have agreed in writing.

5. Acceptable use

You must follow our Acceptable Use Policy. In short: no spam, no phishing, no impersonation, no malware, and nothing illegal. We may set sending limits to protect our reputation and our providers' trust in us.

6. How email delivery works

• Email depends on other people's servers and spam filters. We cannot guarantee that a message will be delivered, land in an inbox, or arrive quickly.
• Setting up SPF, DKIM, and DMARC records correctly helps, but it does not guarantee delivery.
• We may slow down, queue, or block sending to protect the Service.
• Email is not end-to-end encrypted. We use encrypted connections where available, but other mail servers may not.
• Do not use Sendat for emergencies or for messages where a delay could cause harm.

7. Plans, fees, and taxes

• Free plan. The limits for the free plan are shown on our website and in your dashboard. We may change them with at least 30 days' notice, except where we need to act sooner for abuse or security reasons.
• Paid plans. If you choose a paid plan, we will show you the price, billing period, and renewal terms before you pay. We will not charge you unless you agree to a paid plan.
• Renewal and cancellation. Paid plans renew automatically unless you cancel. You can cancel at any time, and the cancellation takes effect at the end of the current billing period.
• Taxes. Prices do not include taxes unless we say so. You pay any taxes that apply.
• Refunds. Fees are non-refundable except where the law requires it or where we say otherwise when you buy.

8. Third-party services

The Service relies on providers such as email delivery, hosting, and DNS companies. They are listed on our Subprocessors page. Their outages or actions can affect the Service, and we are not responsible for them. Their rules may apply to how you use certain features, and we may pass those rules on to you.

9. Suspension and termination

• You can stop using the Service and delete your account at any time.
• We may suspend or end your access if you break these Terms, if your use puts others or the Service at risk, if the law requires it, or if you do not pay for a paid plan.
• We may end free accounts that have been inactive for 12 months after we give you notice.
• We may stop offering the Service with at least 30 days' notice, or sooner where the law or security requires it.
• After your account ends, you can ask to export Your Content within 30 days unless we are legally barred or the account was ended for abuse. After that we delete it as described in the Privacy Policy.
• Sections that by their nature should continue, such as ownership, disclaimers, liability limits, and dispute terms, continue after termination.

10. Our property

We own the Service, its software, and the Sendat name and logo. We give you a limited, non-exclusive, non-transferable, revocable right to use the Service under these Terms. You may not copy, resell, reverse engineer, or interfere with the Service. If you send us feedback, we may use it without owing you anything. Your own trademarks and domain names stay yours.

11. Copyright complaints

If you believe material in the Service infringes your copyright, email [email protected] with the details required by the U.S. Digital Millennium Copyright Act. Our designated agent is [NAME AND ADDRESS OF YOUR REGISTERED DMCA AGENT]. We may end the accounts of repeat infringers.

12. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE FULLEST EXTENT THE LAW ALLOWS, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT ANY MESSAGE WILL BE DELIVERED.

13. Limits on our liability

TO THE FULLEST EXTENT THE LAW ALLOWS, SENDAT WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, DATA, OR GOODWILL. OUR TOTAL LIABILITY FOR ALL CLAIMS RELATED TO THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE 12 MONTHS BEFORE THE CLAIM AND (B) US$100. Some places do not allow these limits, so they may not apply to you in full.

14. Your responsibility for claims

You will defend and reimburse Sendat against claims, losses, and costs (including reasonable legal fees) that come from Your Content, your domains, your messages, or your breach of these Terms or the law. We will tell you about the claim promptly, let you handle it with our reasonable cooperation, and you may not settle it in a way that admits fault for us without our consent.

15. Governing law and disputes

These Terms are governed by the laws of the State of California, without regard to conflict-of-law rules. Before filing a claim, you agree to email [email protected] and try to resolve the issue informally for 30 days. After that, any dispute will be brought in the state or federal courts located in US, California, and both of us consent to those courts. Either of us may ask a court for urgent relief to protect intellectual property or confidential information. Nothing here takes away consumer protections that the law of your home country gives you and that cannot be waived.

16. Changes to these Terms

We may update these Terms. For material changes, we will notify you by email or in the dashboard at least 30 days before they take effect, unless the law or security requires faster action. If you keep using the Service after the changes take effect, you accept them. If you do not agree, stop using the Service.

17. General

• These Terms, our Privacy Policy, our Acceptable Use Policy, and (where it applies) our Data Processing Addendum are the whole agreement between us about the Service.
• If part of these Terms cannot be enforced, the rest stays in force.
• If we do not enforce a right right away, we have not given it up.
• You may not transfer these Terms without our consent. We may transfer them as part of a merger, sale, or reorganization.
• We are not responsible for delays caused by events outside our reasonable control.
• You may not use the Service in violation of export control or sanctions laws.
• We may send notices to the email on your account.

18. Contact

Questions about these Terms: [email protected]

Send At, [email protected]