Terms of Service | SendPulse

The present document “Terms of Service for the SendPulse Service” (hereinafter referred to as “Terms”) consists of terms governing the relationship between SendPulse Inc. (hereinafter referred to as “SendPulse service”, “SendPulse”, “The Service”) and the customer of the service (hereinafter “customer”, “user”, “you”, “member”).

1. Basic provisions

SendPulse Inc. provides the user with services for SendPulse service according to the terms set out in the present document.

Use of the SendPulse service is governed by these Terms of Service, Privacy Policy. The SendPulse Terms of Service can be corrected or supplemented by the administration without notifying users, and the changes enter into force from the moment that the document is placed on the company’s official website.

By accessing or using the Service in any way you agree to and accept all of these Terms (on behalf of yourself or the entity that you represent), and these Terms will remain in effect at all times while you use the Service or any data obtained through the Service. By accessing or using the Service in any way you represent and warrant that you have the right, authority, and capacity to enter into these Terms (on behalf of yourself or the entity that you represent). You represent and warrant that you are of legal age to form a binding contract (or if not, you’ve received your parent’s or guardian’s permission to use the Service and gotten your parent or guardian to agree to these Terms on your behalf). If you’re agreeing to these Terms on behalf of an organization or entity, you represent and warrant that you are authorized to agree to these Terms on that organization or entity’s behalf and bind them to these Terms (in which case, the references to “you” and “your” in these Terms, except for in this sentence, refer to that organization or entity). In the event that you do not consent to any of the terms, the administration is entitled to deny your use of SendPulse.

1.1. Services provided

SendPulse provides the user access to specialized services, including a service for email, SMS, Viber, Web Push, chatbot campaigns for Facebook, Telegram, and WhatsApp, SMTP service, email verifier service, as well as SendPulse Landing Pages service for creating websites/landings, and a CRM system for managing sales processes and communication channels.

The user has access to the following actions and documents:

Account registration for the chosen service with the possibility of changing the billing plan or deleting the account if necessary.
The right to technical support.
Access to learning materials (SendPulse Internet Marketing Academy).
The possibility of ordering additional services at an additional charge.
Guarantee that the user’s personal information, as well as information on mailing lists uploaded to the customer account, will be kept confidential.
Access to RollerAds Partner Program.

1.2. User registration

By “account,” the user’s account on his/her personal Dashboard on SendPulse is meant. Registration is carried out on the official website at https://sendpulse.com/register as well as on the official website of the partner RollerAds.

During registration, the user fills in required fields with personal information (name, email address, telephone number) and specifies a password which the user will subsequently use for entering his/her account. The user is not allowed to give his/her username and password to a third party. The user bears full responsibility for the safety of his/her username and password.

All personal information is subject to SendPulse Terms of Service and Privacy Policy and can be used by employees of the Service to contact the user according to the Privacy Policy.

The user is obligated to provide valid information during the registration process: customers who provide invalid contact information will be deprived of use of the service. Employees of the Service have the right to demand that the client confirm his/her personal information in order to determine its validity.

Attention! It is strictly forbidden to register multiple free accounts. It will be enough for you to have 1 free account to evaluate the Service features.

1.3. Payment for services

After going through the registration process, every customer of the SendPulse service becomes a user of the free plan provided by the Service. You can remain a user of the free plan if you accept the conditions and limited number of emails that can be sent. Transitioning to a paid plan or renewing your account shall mean that you are satisfied with the quality of the Service.

The Service provides a set of billing plans. The user has the right and ability to change his/her billing plan to another, more convenient plan at any time. All operations for changing the billing plan (or paying for the plan) are carried out by the customer in his/her account.

Payment of any billing plan or additional service shall take the form of 100% prepayment. The payment procedure is as follows:

The user makes his/her order on the official website of SendPulse or in his/her account on the Service (Dashboard).
The administration of the Service will send the user a bill for payment. In the event that the user does not pay the bill within the designated period, it may be canceled.
Payment must be made solely through one of the means specified by the SendPulse service (PayPal, credit card, invoice for legal persons, bank transfer for natural persons, or, for Ukraine, Privat24).
After payment, the funds will appear on the user’s account within 30 minutes (for electronic payments) or within 3 working days in the case of an invoice for legal persons or bank transfer for natural persons". If payment has been made for additional services, these too will be available to the user after receipt of payment.
Within 30 (thirty) days from the moment that you pay for the service, you have the right to request that SendPulse refund any remaining funds that have not been spent for use of the service in the given period. When making such a request, you must provide a valid reason for a refund of these funds. When processing refund requests, the SendPulse service follows its Refund Policy.

If you pay any monthly subscription, an automatic renewal of the subscription is activated. A user can disable it on their own in their personal account.

SendPulse offers a free trial, during which you can explore all of our tools and features. Once the trial period expires, users get automatically subscribed and charged to their credit card. If users activate a free trial and don’t cancel it before it expires, the payment for the first subscription period is non-refundable.

Monthly SMTP subscription paid with a bank card or PayPal can be upgraded automatically when you exceed the emails limit in your plan. This plan upgrade ensures a non-stop flow of your transactional emails.

2. The user’s account

2.1. Account creation

After going through the registration process (section 1.2), an account is automatically created for the user. All actions regarding emails, billing plans, and payment shall from this moment be carried out through the account.

2.2. Personal account information

When registering, the user provides a personal email address which will be used as a username, and a personal password for accessing the Service. This information is strictly confidential, kept in an encrypted form, and will not be transmitted to third parties.

The Service additionally asks that the user fill in an expanded form with personal data that the customer can use when working with emails (“variable substitution”). Data provided in filling this form is also subject to the Privacy Policy.

2.3. Account management

Sending out emails, viewing statistics, changing the billing plan, verifying email addresses, creating campaign templates — all of these actions are carried out by the user in his/her account. The user also uploads the addresses and phone numbers of campaign recipients to his/her account to create address books. All uploaded email addresses and phone numbers are considered the property of the user and are confidential information which is protected by the Privacy Policy of the SendPulse service.

The administration of the Service has the right to track user activity and, in the event that the user is suspected of sending spam, to temporarily block the account. All administration actions are governed by the Anti-Spam Policy, which the user consents to during account registration.

2.4. Account deletion

The user has the right to, at any time, request the deletion of his/her account. Any funds remaining on the account shall not be returned unless there are special grounds for a refund . When making its decision, the SendPulse service is governed by its Anti-Spam Policy. The company will not refund money to users blocked for violating the Anti-Spam Policy.

SendPulse may suspend your account at any time — with or without cause. If your account is inactive for 24 months or more, we may terminate your account, and you will not be entitled to a refund of any prepaid services. Once your account is terminated, you acknowledge and agree that SendPulse may permanently delete your account and all the associated data. Once your account is terminated, you will not be able to use the same username for any future accounts.

3. Marketing campaigns

SendPulse is a service for email, SMS, Viber, Web Push, chatbot campaigns for Facebook, Telegram, and WhatsApp, SMTP service, email verifier service, as well as SendPulse Landing Pages service for creating websites/landings and a CRM system for managing sales processes and communication channels. The user has access to the service through his/her customer account (Dashboard).

3.1. Creating marketing campaigns

Campaigns include communications that have been drawn up, lists of addresses and phone numbers, and the process of sending campaigns to subscribers. The user creates himself/herself the template for these communications by choosing options provided by the Service, uploading images, and writing texts.

The user bears full responsibility for the context of mailings, which in turn must correspond to the rules set by the Service’s Anti-Spam Policy. Otherwise, the Service has the right to suspend the user’s account until it has ascertained the circumstances.

3.2. Mailing lists

A user of the SendPulse service has the right to send communications only to such people who have expressed their consent to receiving communications from him/her. The recipients’ consent must be received by the user personally. Upon the request of the Service administration, the user must provide corresponding proof of recipients’ consent.

Before sending email campaigns the user can use the SendPulse verification service (hereinafter “email verifier”) to verify mailing lists and find and filter unvalid and non-existent email addresses. This service is developed for informational purposes only and SendPulse is not responsible and doesn’t guarantee the complete accuracy of information received as a result of email verification.

Email address verification increases the chances of passing moderation when sending email campaigns, but it does not guarantee it because the sender should also comply with other requirements of the Anti-Spam Policy.

The service does not allow sending messages to email addresses that have been assigned the "invalid" status after validation.

The user shall guarantee subscribers the ability to opt out of any further communications (through the presence of an unsubscribe link in the email) and shall also be obliged to enter into the unsubscribers list or remove from the list contact details, the owners of which have expressed their desire to opt out of emails.

Use of illegally obtained subscriber bases and distributing spam through the SendPulse service is strictly prohibited.

3.3. Sending marketing campaigns

An email, SMS, Viber, Web Push, or chatbot campaign for Facebook, Telegram, and WhatsApp created by the user is scheduled for sending through the Service. Each campaign is queued for sending and passes through a moderation process.

Moderation consists of a check of emails carried out by Service employees to ensure that the subscriber base is real (should it be suspected that the recipients did not agree to receive mailings) and that the content of the emails corresponds to all rules and regulations of the Anti-Spam Policy.

The time for moderation and sending of emails shall take a maximum of 24 hours.

In the event that an email did not pass the Service’s moderation, this will be communicated to the user and measures will be taken to remove the grounds for refusing sending, or the user’s account will be blocked until the circumstances are ascertained.

Each email will contain an unsubscribe link, i.e. a way for subscribers to opt out of receiving further communications. The link cannot be removed or hidden. If the user does not insert an unsubscribe link into an email, the Service will automatically add its own standard link to the email, and the user’s actions shall be construed as being contrary to the Terms of Service.

3.4. Delivery of marketing campaigns

The time when campaigns are delivered to their recipients varies depending on a number of factors and circumstances. SendPulse shall not be liable for campaigns being undelivered to recipients, in equal measure, as well as any delays in delivery.

Messages may go undelivered or be delayed for the following reasons:

the subscriber’s mobile phone is turned off or is outside the area of the mobile operator’s coverage
the subscriber’s mail service uses the automatic spam-blocking method known as greylisting, and it reports that it refuses to accept the email
the mail service rejects the email after identifying its contents as spam (based on the given server’s Anti-Spam Policy and its understanding of the word “spam”)
the subscriber’s inbox is full or the recipient’s email server is experiencing technical difficulties
the recipient’s mail server rejects the email due to the presence in the email of blocked links (i.e. URLs in a blacklist or graylist)
an email cannot be delivered due to adverse natural conditions or other force majeure circumstances, which might have an adverse effect on the operation of SendPulse’s hardware and software. These conditions or circumstances include, but are not limited to, natural disasters, changes to law or regulations, embargoes, war, terrorist acts, riots, fires, earthquakes, nuclear accidents, floods, strikes, power blackouts, volcanic action, unusually severe weather conditions, and acts of hackers or third-party internet service providers.

3.5 Web push notifications

SendPulse provides the basic functions of web push notifications for free if your database is less than 10,000 subscribers.

From now on, if you have not used the web push service for a long time, we can delete the record about your website and subscribers. This can happen if there have been NO new subscriptions and NO notifications during the last 6 months.

4. Additional services

The array of additional services includes services that are not provided by the Service’s basic functionality.

The additional services of SendPulse include:

services of a designer for creating a branded layout for emails;
learning skills at the SendPulse Internet Marketing Academy;
participation in RollerAds service Partner Program;
email address verification;
creating and publishing websites/landing pages;
managing sales processes and communication channels with the help of a CRM system.

All additional services are paid in addition to the cost of activating a pricing plan (with the exception of the free plan). These services are provided subject to additional terms set out either on the company’s official website (terms of use for different services), or in the specialized documentation on additional services that users can find in their SendPulse account.

5. Obligations of SendPulse users

The user is obliged:

to ensure the confidentiality of his/her username and password for accessing his/her account on the Service, and to not allow third parties to use his/her account
to provide valid personal data to the Service
to bear responsibility for the validity of all information which he/she uploads to his/her account on the Service
to not use a purchased or illegally obtained subscriber base for emails
to not use the Service’s online platform for sending spam
to create emails in accordance with the terms of the Anti-Spam Policy and the Terms of Service of SendPulse. Should the user violate the Terms of Service or other requirements of the Service, the administration has the right to suspend or completely delete the user’s account until the incident has been resolved.
to provide recipients with the ability to opt out of emails at any time
to refrain from rude and obscene speech when communicating with employees of the Service

The user has the right to not agree with the Terms for using the Service. In that case, the user will be denied further use of SendPulse.

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 information only as described in these Terms and our Privacy Policy.

You represent and warrant that your use of the Service will comply with all applicable laws and regulations. You are responsible for determining whether our services are suitable for you to use in light of any regulations. You may not use our Service for any unlawful or discriminatory activities.

You represent and warrant that in creating your Mailing lists, sending campaigns via any communication channel of the Service, and collecting information as a result of sending campaigns, you:

will clearly describe in writing how you plan to use any data collected, including for your use of the Service. You will get express consent to transfer data to SendPulse as part of this process, and you will otherwise comply with whatever privacy policy you have posted.
have complied, and will comply, with all regulations, as well as data protection, electronic communication, and privacy laws that apply to the countries where you are sending any form of communication through the Service.
have collected, stored, used, and transferred all data relating to any individual in compliance with all data protection laws and regulations. You have the necessary permission to allow us to receive and process data and send communications to that individual on your behalf.
agree to indemnify and hold us harmless from any losses, including attorney fees, that result from your breach of any part of these warranties.

6. Obligations of SendPulse

SendPulse is obliged:

to provide the user, in accordance with the Terms of Service, with access to the online platform immediately after the user has registered for the Service
to provide the user with necessary functionality for creating and sending out email, SMS, Viber, Web Push, and chatbot campaigns for Facebook, Telegram, and WhatsApp.
to ensure constant access to the online platform with the username and password that the user has chosen
to provide the user with access to the RollerAds Partner Program
to provide the possibility of testing the Service before payment for services
to present an array of billing plans without limiting the user in his/her choice of a billing plan
to notify users of changes in billing plans

The administration reserves the right to make changes to the interface and functionality of the SendPulse online platform and billing plans, and it shall notify the user of this in an email.

The administration reserves the right to unilaterally amend the Terms of Service for the SendPulse service without prior notice to the user. The updated Terms of Service for the SendPulse service shall come into force from the moment they are placed on the company’s official website.

7. Restrictions

The administration of SendPulse has the right to forbid (or limit) the user from any actions contrary to the Service’s Terms of Service. These actions may include any listed below, as well as actions which, in the opinion of Service employees, violate the Terms of Service for the SendPulse service. SendPulse may also cease to provide its services unilaterally at its sole discretion and without explanation.

The user is forbidden from uploading to his/her account and from using any lists of email addresses or telephone numbers that have been purchased or illegally obtained (including through the use of specialized programs for searching for contact information).
The user is forbidden to send web push notifications through API if the shared link domain differs from the sending one.
The user is forbidden to store, process, or disseminate using SendPulse any information contrary to the Anti-Spam Policy of the Service or which violates the laws of the USA or the laws of the country of the recipient.
The administration of the Service prohibits and shall punish any attempts by a user to collect information from the Service or from the company’s official website.
The user is forbidden from copying or using for commercial purposes any part of the Service or access to it.
The user does not have the right to provide a third party with his/her account access credentials, nor to register under the name of another person without his/her knowledge and consent.
The user is not allowed to use any means, including fraudulent or illegal means, for attempting to obtain the personal information of other SendPulse customers.
The user is forbidden from sending emails to any recipients which have not given their consent to receive such emails. The user is also forbidden from sending out any information which violates a person’s rights and freedoms.

SendPulse does not provide its services to users from the Russian Federation. Such users are prohibited from registering, have limited access to the Service, and are not entitled to customer support. Campaigns defined as related to businesses in Russia may be blocked without explanation.

8. Disclaimer of warranties and liability

The administration of the Service bears no responsibility for the user’s actions taken as a result of a failure to understand or a mistaken understanding of the Terms of Service for the SendPulse service.

To the maximum extent permitted by law, you assume full responsibility for any loss that results from your use of the Service, including any downloads from the Service. We won’t be liable for any indirect, punitive, special, or consequential damages under any circumstances, even if they are based on negligence or we have been advised of the possibility of those damages. Our total liability for all claims made about the service in any month will be no more than what you paid us for the Service the month before.

To the maximum extent permitted by law, we provide the materials and the Service as is. That means we don’t provide warranties of any kind, either express or implied, including but not limited to warranties of merchantability and fitness for a particular purpose. Since our customers use SendPulse for a variety of reasons, we can’t guarantee that it will meet your specific needs.

The SendPulse service does not guarantee to recipients of campaigns, sent out through its Service, the accuracy of the information they receive. The Service only provides tools and services for carrying out bulk email, SMS, Viber, Web Push, chatbot campaigns' for Facebook, Telegram, and WhatsApp sending. The responsibility for the legality and accuracy of any information that the user sends through the Service is borne by the user. The administration of the Service has the right to call the user to account for his/her actions if it believes that they are contrary to the SendPulse’s Terms of Service.

9. Anti-Spam Policy

9.1. General conditions

We believe email, SMS, Viber, Web Push, and chatbots for Facebook, Telegram, and WhatsApp are compelling tools for sending useful and on-demand information and are opposed to the sending of unsolicited messages.

Any registered user of SendPulse can send campaigns to his/her friends, family, colleagues, clients, contacts etc. using our Service.

SendPulse strictly forbids any SPAM messages to be sent from our Service at any time.

9.2. Our Definition of Illegally Collected Mailing Lists

A mailing list is legit if the recipient agreed to receive email messages from you.

The illegal ways of collecting mailing lists are:

Renting/buying email addresses and phone numbers from a third party.
Collecting email addresses and phone numbers from Yellow Pages, online directories, etc.
Getting email addresses and phone numbers with the help of information extraction software.
Collecting email addresses from business cards and questionnaires.
Collecting email addresses during phone calls with customers. Often, sales managers use this method.
Collecting email addresses that indicate the role of the recipient like info@domain.com, faq@domain.com, and similar ones.

We reserve the right to request the mechanism a user uses to subscribe contacts to their mailing list.

9.3. Our Definition of Spam

We consider any unsolicited, unexpected, or unwanted message sent to the recipients in order to extort their valuables from them or to mislead them, or any message sent to someone without their prior consent to be SPAM.

Messages must comply with the following principles:

No false, invalid or misleading information in the subject line or the body of the message should be sent using SendPulse.
No message must be sent to recipients without having previously obtained her/his consent.
Text displayed must clearly state or illustrate the service that is offered.
Marketing campaigns must clearly identify who is providing the service (originator) and clearly state the expense of the service promoted.

It is strictly forbidden to send messages to illegally collected mailing lists via SendPulse SMTP servers. It is also forbidden to use a sender email address that is registered with any service as a temporary email address.

9.4. Our Definition of SMS Spam

We consider any unsolicited, unexpected, or unwanted SMS text message sent to the mobile subscriber in order to extort their valuables from them or to mislead them, or any message originating from someone you have not authorized to have your mobile number to be SPAM.

Our users specifically agree NOT to use SendPulse Service to send SPAM. Their SMS messages must comply with the following principles:

No false, invalid or misleading information in the body of SMS message should be sent using SendPulse.
No SMS must be sent to mobile subscribers without having previously obtained her/his consent.
Text displayed must clearly state or illustrate the service that is offered.
Marketing campaigns must clearly identify who is providing the service (originator) and clearly state the expense of the service promoted.

It is strictly forbidden to send messages to illegally collected mailing lists via SendPulse SMS servers.

9.5. What content is prohibited

Our Service doesn’t allow spam or any sort of offensive or illegal content.

We do not send:

Email, SMS, Viber, Web Push, and Facebook, Telegram, and WhatsApp chatbot campaigns that violate CAN-SPAM Act;
Sexually explicit messages;
Hate speech
Marketing campaigns to a list of people without their permission.

We review each profile to make sure it meets our Terms of Service, which help us maintain deliverability for all of our clients.

Please understand that some industries or “niches” return more abuse and spam complaints than average. We cannot risk our server’s reputation, which affects each mailing profile.

Our Service does not accept campaigns and does not publish websites that offer types of services, products, or content listed below:

Escort and dating services;
Online and direct pharmaceutical sales, including but not limited to health and sexual well-being products, prescription and counterfeit drugs;
Work from home, make money online, and lead generation opportunities (“get rich quick”, “build your wealth”, “financial independence”);
Online trading, day trading tips, or stock market-related content including but not limited to stock message boards promotion;
Pyramid schemes or multi-level channel, network and/or referral marketing (MLM) businesses used for prospecting or recruiting;
Affiliate marketing;
Debt collections, credit repair and debt relief offerings;
Mortgages and loans;
Nutritional, herbal, and vitamin supplements;
Adult novelty items or references;
List brokers or list rental services;
Illegal goods, pirated software or media;
Odds making and betting/gambling services, including but not limited online poker, casino games, college and pro sporting events.
Political parties and organizations;
Tobacco products;
Alcohol products;
Any religious content.

Note that the content of your email campaign should be clearly associated with your sender email address and your domain.

The administration of the Service strictly monitors whether SendPulse is blacklisted with any popular RBL services. Email campaigns that caused an IP address or domains of the Service to be blacklisted with any RBL lists are immediately suspended.

9.6. Anti-Spam Policy Enforcement

Any evidence of users not adhering to this Anti-Spam Policy will cause immediate disconnection of his/her spam messages sending, suspension of the Service and might also result in freezing of all money to ensure an immediate end to the violation until the details are cleared up.

9.7. Your Right to Cancel / Money Back Guarantee

You can cancel account subscription in the SendPulse Service only until you have sent 200 email messages. If exceeded, the user account is considered to be fully working, and no refund will be allowable.
If your account is cancelled or suspended due to SPAM complaints, no refund will be allowable. See details in our Refund Policy.
Make sure all recipients are permission based emails (opt-in emails), i.e. agreed to receive email messages from you.
It is strictly forbidden to send emails to the list of email addresses that was generated automatically by email extractor software; likewise you are not allowed to use purchased email addresses for bulk mailings.
You must ensure that your email meets the requirements of the CAN-SPAM Act — pay attention to the statement that each email you send with the advertising, commercial, and informative purpose must contain your valid physical address.
We reserve the right to stop providing service and block user account if even one of your email campaign gets over-the-top complaints.
If you don’t use your account for 9 months, it is considered inactive. In this situation we may stop providing service and delete your account

Accounts blocked due to exceeding complaints are denied in getting a refund.

The limit of non-existing addresses is 7%. If the number of non-valid addresses (non-existent, not active addresses) exceeds, email campaign can be blocked by Service moderators. To avoid being blocked, verify email addresses using SendPulse email verification service or other verification services/programs before sending an email campaign.

We understand that there can be a certain number of complaints if you send bulk email messages. According to our Service terms and conditions, we specified the level of a permitted complaints as no more than 0.4% per sender domain for a single email campaign. In addition, we take into consideration different factors like the amount of sent emails as well as complaints ratio and types of complaints. The amount of unsubscribes should not exceed 1% of the mailing list. However, if your email campaign gets a ratio that exceeds the permitted level, we reserve the right to block or terminate your account without a refund.

9.8. SPAM and Abuse Reporting

Please let us know about any abuse or unwanted/unsolicited messages. In your email, please include the spam-email, the date and time you received the message. Send your report to support@sendpulse.com.

Email addresses that receive spam complaints will be suspended until the case is clarified.

10. Choice of Law. Arbitration

The relationship between the company and the user with regard to provision of services for SendPulse, is governed by the laws of the State of Delaware without regard to the conflicts of laws provisions thereof.

Any dispute arising from or relating to the subject matter of these Terms will be decided by the state and federal courts of the State of Delaware, and each party will be subject to the jurisdiction of those courts.

Updated: 09/29/2020