Terms of Service
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 messaging platform”, “Sendpulse service”, “SendPulse”, “The service”) and the customer of the service (hereinafter “customer”, “user”, “you”).
1. Basic provisions
Sendpulse Inc. provides the user with services for the SendPulse mailing service according to the terms set out in the present document.
The user agrees to the Terms for using the SendPulse service at the moment of registering for the service by creating a personal account. In the event that you do not consent to any of the terms, the administration is entitled to deny you use of the SendPulse mailing list service.
1.2. Services provided
SendPulse provides the user access to specialized services, including a service for e-mail and SMS distribution, as well as an SMTP service.
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.
1.3. User registration
By “account”, the user’s account on his/her personal Dashboard on the SendPulse mailing platform is meant. Registration is carried out on the official website at https://sendpulse.com/register.
During registration, the user fills in required fields with personal information (name, e-mail 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 use by the SendPulse service and can be used by employees of the service to contact the user.
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.
1.4. 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 mailings 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 specifid by the SendPulse service (WebMoney, Yandex.Money, QIWI, PayPal, credit card, invoice for legal persons, bank transfer for natural persons, or, for Ukraine, Private24).
- 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 refund of these funds. When processing refund requests, the SendPulse service follows its Refund Policy.
2. The user’s account
2.1. Account creation
After going through the registration process (section 1.3), an account is automatically created for the user. All actions regarding electronic mailings, 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 e-mail 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.
2.3. Account management
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 (see “Anti-spam Policy of the SendPulse Service").
The company will not refund money to users blocked for violating the Anti-spam Policy. When making its decision, the SendPulse service is governed by its Anti-spam Policy.
3. Electronic mailings
SendPulse is a service for e-mail and SMS communications, as well as a service for sending e-mail communications through an SMTP server. The user has access to the service through his/her customer account (Dashboard).
3.1. Creating electronic mailings
Electronic mailings include communications that have been drawn up as well as lists of addresses and the process of sending e-mails 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.
The user shall guarantee subscribers the ability to opt out of any further communications (through the presence of an unsubscribe link in the e-mail) 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 mailings.
Use of illegally obtained subscriber bases and distributing spam through the SendPulse service is strictly prohibited.
3.3. Sending electronic mailings
An e-mail/SMS campaign created by the user is scheduled for sending through the service. Each mailing is queued for sending and passes through a moderation process.
Moderation consists of a check of mailings 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 mailings corresponds to all rules and regulations of the Anti-spam Policy.
The time for moderation and sending of mailings shall take a maximum of 24 hours.
In the event that a mailing 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 mailing 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 a mailing, the service will automatically add its own standard link to the e-mail, and the user’s actions shall be construed as being contrary to the Rules of the SendPulse mailing service.
3.4. Delivery of electronic mailings
The time when mailings are delivered to their recipients varies depending on a number of factors and circumstances. The SendPulse mailing service shall not be liable for mailings being undelivered to recipients, in equal measure, as well as any delays in delivery.
Messages may go undelievered 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 graylisting, and it reports that it refuses to accept the e-mail
- the mail service rejects the e-mail 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 e-mail server is experiencing technical difficulties
- the recipient’s mail server rejects the e-mail due to the presence in the mail of blocked links (i.e. URLs in a blacklist or graylist)
- a mailing 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.
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 e-mails
- learning skills at the SendPulse Internet Marketing Academy
- comprehensive solution “Turnkey E-Mail Marketing”
All additional services are paid in addition to the cost of activating a billing 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, or in specialized documentation on additional services.
5. Obligations of users of the SendPulse mailing service
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 mailing service
- to not use a purchased or illegally obtained subscriber base for mailings
- to not use the service’s online platform for sending spam
- to provide recipients with the ability to opt out of mailings 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 in the service. In that case, the user will be denied further use of the SendPulse mailing service.
5. Obligations of the SendPulse mailing service
The SendPulse mailing service is obliged:
- to provide the user, in accordance with the Terms of Service, 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 electronic mailings
- to ensure constant access to the online platform with the username and password that the user has chosen
- 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 a mailing.
The administration of the SendPulse mailing service 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.
- The user is forbidden from uploading to his/her account and from using any lists of e-mail 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 store, process, or disseminate using the SendPulse mailing service 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 mailings to any recipients which have not given their consent to receive such mailings. The user is also forbidden from sending out any information which violates a person’s rights and freedoms.
7. Disclaimer of warranties and liability
The administration of the service bears no responsibility for the user’s actions taken as a result as failure to understand or a mistaken understanding of the Terms of Service for the SendPulse mailing service.
The SendPulse service does not guarantee to recipients of mailings, sent out through its service, the accuracy of the information they receive. The service only provides tools and services for carrying out bulk e-mail 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 Terms of Service for the SendPulse mailing service.
8. Antispam policy
8.1. General conditions
We believe Email and sms messaging 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 Email/sms messages 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.
8.2. 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 from a third-party
- Collecting from Yellow Pages, online directories, etc.
- Getting emails with the help of email extracting software
SendPulse SMTP strictly forbids any SPAM messages to be sent to Electronic mail from our service at any time.
8.3. Our Definition of Email Spam
We consider any unsolicited, unexpected, or unwanted Email message sent to the email recipients 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 email address to be SPAM.
Email messages must comply with the following principles:
- No false, invalid or misleading information in the subject line or the body of Email message should be sent using SendPulse Service.
- No Email message must be sent to email 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.
8.4. 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 subject line or the body of SMS message should be sent using SendPulse Service.
- 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.
8.5. What content is prohibited?
Our Service doesn’t allow spam or any sort of offensive or illegal content.
We do not send:
- Emails/sms that violate CAN-SPAM Act;
- Sexually explicit messages;
- Marketing emails/sms to a list of people without their permission (unsolicited commercial email (UCE).
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 email campaigns, 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.
8.6. Anti-Spam Policy Enforcement
Any evidence of users not adhering to this anti-spam policy will cause immediate disconnection of user 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.
8.7. Your Right to Cancel / Money Back Guarantee
- You can cancel account subscription in 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.
- If your account is cancelled or suspended due to SPAM complaints no refund will be allowable.
- 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 email messages 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 message meets the requirements of the CAN-SPAM Act — pay attention to the statement that each email message 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.
Accounts blocked due to exceeding complaints are denied in getting a refund.
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 a permitted complaints level as around 0.9% per single email campaign sent to a single email address book. In addition, we take into consideration different factors like the amount of sent email messages as well as complaints ratio and types of complaints. 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.
8.8. SPAM and Abuse Reporting
Please note, that we do not knowingly do business with any company or person that sends unsolicited messages.
9. Concluding provisions
The relationship between the company and the user with regard to provision of services for the SendPulse mailing list service, is governed by the law of the USA as well as the law of the country in which the user resides and other legislation.