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.
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 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.
- Participation in Loyalty Program.
- 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.
1.2. 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.
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.
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 (WebMoney, Yandex.Money, QIWI, 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.
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.
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 . 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.
3. Electronic mailings
SendPulse is a service for email and SMS communications, as well as a service for sending email communications through an SMTP server. The user has access to the service through his/her customer account (Dashboard).
3.1. Creating emails
Emails include communications that have been drawn up as well as lists of addresses and the process of sending emails 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 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 emails
An email/SMS campaign created by the user is scheduled for sending through the Service. Each email 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 emails
The time when emails are delivered to their recipients varies depending on a number of factors and circumstances. SendPulse shall not be liable for emails 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.
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
- comprehensive solution “Turnkey Email 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. MERCI Loyalty Program
MERCI Loyalty Program is a set of actions aimed at rewarding loyal customers monthly.
Within the Loyalty Program, the users are credited with digital tokens MERCI for registering in the system, signing up for Email or SMTP plans and using other features. The full list of actions MERCI tokens are credited for is provided in the Terms of Participation.
A user can spend tokens to pay for billing plans and additional features provided by SendPulse. The detailed information on the number of earned and spent tokens will be available in the user’s Dashboard, on the transaction history page.
A user becomes a participant of the Loyalty Program automatically upon the account’s registration. After confirmation of the account, information on the current token balance will be available in the “Token Balance” field on the Dashboard.
6. 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.
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 emails/SMS via the Service, and collecting information as a result of sending emails/SMS, you:
- 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 email/SMS 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.
7. Obligations of SendPulse
SendPulse 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 emails
- to ensure constant access to the online platform with the username and password that the user has chosen
- to provide the possibility of using the benefits of the MERCI Loyalty 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.
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.
- 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 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.
9. 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 emails, 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 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.
10. Anti-Spam Policy
10.1. 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.
10.2. 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.
10.3. 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.
- 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 emails to illegally collected mailing lists via SendPulse SMTP servers.
10.4. 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.
10.5. 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.
10.6. 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.
10.7. 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.
Accounts blocked due to exceeding complaints are denied in getting a refund.
The limit of non-existing addresses is 10%. If the number of non-valid addresses (non-existent, not active addresses) exceeds, email campaign can be blocked by Service moderators. If you want to avoid blocking — check the addresses for validity by any service/software before loading the address into SendPulse. SendPulse does not provide any validation services.
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 0.6%-0.9% per single email campaign. In addition, we take into consideration different factors like the amount of sent emailsas 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.
10.8. 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 email@example.com.
Please note, that we do not knowingly do business with any company or person that sends unsolicited messages.
11. 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.