Terms of Service

1. Acceptance of these terms

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

If you do not agree to these Terms, you may not use the Service.

2. The Service

Sendly is an email platform for sending transactional and marketing email, managing contacts and segments, building visual workflows, and tracking delivery and engagement, available through our dashboard and API. We continuously improve the Service and may add, change, or remove features over time.

3. Accounts and eligibility

You must be at least the age of majority in your jurisdiction to use the Service. You agree to provide accurate account information and to keep it current.

You are responsible for safeguarding your credentials and API keys, and for all activity that occurs under your account. Notify us promptly at support@sendly.now if you suspect any unauthorized use.

4. Acceptable use and anti-spam

Email is a shared resource, and how you send affects every other sender on our infrastructure. You may only send messages to recipients who have given you appropriate consent to be contacted, and you must comply with all applicable laws, including CAN-SPAM (United States), CASL (Canada), and the GDPR and ePrivacy rules (EU and UK).

Every marketing message must include a clear and working way to unsubscribe, and you must honor opt-out requests promptly. You must keep your lists clean and must not import purchased, rented, scraped, or otherwise non-consented lists.

You must not use the Service to:

• Send unsolicited bulk email, spam, or messages to recipients who have not consented.
• Send phishing, fraudulent, deceptive, or misleading content, or spoof sender identities.
• Distribute malware, viruses, or links to malicious or harmful content.
• Send content that is illegal, infringing, defamatory, hateful, or that exploits or endangers minors.
• Evade unsubscribe mechanisms, suppression lists, or sending limits.
• Generate excessive bounce or spam-complaint rates that put deliverability for other customers at risk.

We monitor sending reputation, bounce rates, and complaint rates, and may throttle, review, or suspend sending that threatens the integrity of the platform. Certain high-risk categories of mail may require prior review.

5. Your data and content

You retain all ownership of the content you send and the contact and recipient data you upload or generate through the Service ("Customer Data"). You grant Sendly a limited, worldwide license to host, process, transmit, and display Customer Data solely as needed to provide and support the Service.

You are solely responsible for your Customer Data and for having all rights, permissions, and consents necessary to send it. Our handling of personal data is described in our Privacy Policy.

6. Fees, plans, and billing

Paid plans are billed in advance on a recurring basis, and usage above your plan's included volume may incur additional charges. You authorize us and our payment processor to charge your payment method for all applicable fees and taxes.

Fees are exclusive of taxes, for which you are responsible. We may change pricing with reasonable notice; changes take effect at your next billing cycle. Except where required by law, fees are non-refundable. Non-payment may result in suspension or termination of the Service.

7. Free plans and trials

Free plans and trials are provided on an as-available basis, are subject to usage limits, and may be modified or discontinued at any time. We may apply additional verification to free accounts to protect platform deliverability.

8. Third-party services

The Service relies on third-party providers, including cloud infrastructure and email-delivery and payment providers. Your use of the Service may be subject to those providers' terms, and we are not responsible for their acts, omissions, or outages.

9. Intellectual property

Sendly and its licensors own all rights in the Service, including the software, design, and trademarks. We grant you a limited, non-exclusive, non-transferable right to use the Service in accordance with these Terms.

You may not copy, modify, reverse engineer, resell, or create derivative works from the Service except as expressly permitted. If you send us feedback, you grant us a perpetual, royalty-free license to use it without restriction.

10. Suspension and termination

You may cancel your account at any time. We may suspend or terminate your access if you breach these Terms, fail to pay, create security or deliverability risk, or where required by law.

On termination, your right to use the Service ends. We will make Customer Data available for export for a limited period, after which it may be deleted in accordance with our Privacy Policy.

11. Disclaimers

The Service is provided "as is" and "as available" without warranties of any kind, whether express or implied. We do not warrant that the Service will be uninterrupted or error-free, or that any particular message will be delivered, since email delivery depends on factors outside our control, including recipient mail servers and filtering.

12. Limitation of liability

To the maximum extent permitted by law, Sendly will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for lost profits, revenue, or data. Our total liability for any claim arising out of or relating to the Service will not exceed the greater of the amounts you paid us in the twelve months before the claim or one hundred Canadian dollars (CAD $100).

13. Indemnification

You agree to defend, indemnify, and hold harmless Sendly from any claims, damages, and expenses arising out of your Customer Data, your use of the Service, the messages you send, or your violation of these Terms or of any law or third-party rights.

14. Changes to these terms

We may update these Terms from time to time. If we make material changes, we will provide reasonable notice, such as by email or through the Service. Your continued use of the Service after changes take effect constitutes acceptance of the updated Terms.

15. Governing law

These Terms are governed by the laws of the Province of Nova Scotia and the federal laws of Canada applicable therein, without regard to conflict-of-laws principles. You agree to the exclusive jurisdiction of the courts located in Nova Scotia, Canada.

16. Contact

Questions about these Terms can be sent to support@sendly.now. Sendly is an independent email platform, postmarked in Halifax, Nova Scotia, Canada.