Terms of Service

1. Electronic Communications

When you create an account with Simply Send, you consent to receive electronic communications from us, including service announcements, administrative messages, and promotional materials. These communications are considered part of the Service and your account. You may opt out of promotional communications at any time by following the unsubscribe instructions in the messages or by contacting us at [email protected], via our live chat powered by Zoho SalesIQ, or via our support ticketing system (Zoho Desk). Please note that service-related communications are not optional and are necessary for the proper functioning of your account.

2. Payment and Billing Policies

To access certain premium features of the Service, you may be required to provide payment information. When making a purchase, you agree to supply complete and accurate details, including:

• Valid payment method details
• Billing address
• Contact information
• Any other required payment information

By providing payment information, you affirm that: (1) you are authorized to use the payment method; and (2) all submitted information is truthful and accurate. We utilize third-party payment processors to handle transactions, and by using our Service, you authorize us to share your payment information with these processors in accordance with our Privacy Policy.

We reserve the right to refuse or cancel any order for various reasons, including but not limited to: service unavailability, pricing errors, suspected fraudulent activity, or violations of these Terms. In the event of order cancellation, we will make reasonable efforts to notify you using the contact information provided in your account.

3. Subscription Terms

Certain features of our Service are available through paid subscription plans. By subscribing, you agree to:

• Pay all applicable fees for the selected subscription tier
• Maintain accurate and current billing information
• Authorize automatic recurring payments for each billing cycle
• Comply with any usage limits associated with your subscription level

Your subscription will automatically renew at the end of each billing period unless you cancel through your account settings or by contacting our support team. You are responsible for all charges incurred under your account, including any applicable taxes.

4. Free Trial Period

We may offer a free trial period for new users to evaluate our Service. During the trial period:

• You may be required to provide payment information to begin the trial
• Your subscription will automatically convert to a paid plan at the end of the trial period
• You may cancel at any time during the trial to avoid being charged

We reserve the right to modify or discontinue free trial offers at any time without prior notice. Only one free trial is permitted per user.

5. Pricing Adjustments

We may adjust our pricing structure with at least 30 days' advance notice. Such changes will not affect your current subscription period but will apply to subsequent billing cycles. We will notify you of any price changes through the contact information associated with your account.

Your continued use of the Service after the price change becomes effective constitutes your agreement to pay the new subscription rate.

6. Refund Policy

All fees paid for subscription plans or credit purchases are non-refundable once the Service has been activated or credits have begun to be consumed, except as required by applicable law. We do not provide refunds or credits for:

• Partial subscription periods
• Unused features or unused sending volume within an active billing period
• Credits consumed through normal use of the Service
• Promotional or bonus credits issued at our discretion
• Accounts suspended or terminated for violations of these Terms or our Acceptable Use Policy

In exceptional circumstances, we may consider refund requests on a case-by-case basis at our sole discretion. Where we do issue a discretionary refund, the following rules apply:

• Promotional or bonus credits are not eligible for refund under any circumstances.
• Any refund will be calculated based on the published list price at the time of purchase, or the current published list price — whichever is more favourable to you.
• Refunds, if approved, will be processed to the original payment method within 10 business days.

We recommend starting with a smaller purchase to test the Service before committing to larger volumes.

7. User Content

You retain ownership of all content you submit through our Service. By using our Service, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, and distribute your content solely for the purpose of providing and improving our Service.

You are solely responsible for your content and any consequences of posting or publishing it. You must ensure that your content does not violate any laws or infringe upon the rights of any third party.

We do not use your email content or message data to train artificial intelligence or machine learning models. Your messages are processed solely for delivery, analytics, and abuse detection purposes as described in our Privacy Policy.

8. Prohibited Activities

When using our Service, you agree not to:

• Send cold emails, unsolicited commercial emails (spam), or bulk emails to recipients who have not opted in
• Use the Service to send marketing emails to purchased, rented, scraped, or third-party lists
• Use the marketing API on behalf of third-party brands or businesses you do not own or are not explicitly authorised to represent
• Misuse email type APIs — using the marketing API for transactional purposes or vice versa — in a way that violates recipient consent expectations
• Transmit viruses, malware, or other harmful code
• Violate any applicable laws or regulations, including CAN-SPAM, CASL, GDPR, TCPA, or ePrivacy
• Impersonate any person, entity, or brand you are not authorised to represent
• Interfere with the proper functioning of our Service
• Attempt to gain unauthorized access to any accounts or systems
• Engage in any activity that could damage our reputation, infrastructure, or delivery rates

We reserve the right to suspend or terminate your account immediately and without prior notice if we determine, in our sole discretion, that you have violated these Terms or our Acceptable Use Policy. Any credits or fees paid prior to suspension or termination for cause are non-refundable.

9. Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must immediately notify us of any unauthorized use of your account or any other security breaches.

We reserve the right to refuse service, terminate accounts, or remove content at our sole discretion.

10. Intellectual Property Rights

All content and materials available on our Service, including but not limited to text, graphics, logos, and software, are the property of Simply Invent Labs or its licensors and are protected by intellectual property laws.

You may not reproduce, distribute, modify, or create derivative works of any content from our Service without our express written permission.

11. Copyright Infringement

We respect the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us at [email protected] with the following information:

1. A physical or electronic signature of the copyright owner
2. Identification of the copyrighted work claimed to have been infringed
3. Identification of the material that is claimed to be infringing
4. Your contact information
5. A statement of good faith belief that use of the material is not authorized
6. A statement that the information in the notification is accurate

12. Feedback and Suggestions

We welcome your feedback and suggestions about our Service. By submitting feedback, you agree that:

• Your feedback does not contain confidential or proprietary information
• We are not under any obligation of confidentiality regarding the feedback
• We may use and disclose the feedback for any purpose
• You grant us a perpetual, irrevocable license to use the feedback

13. Third-Party Links

Our Service may contain links to third-party websites or services that are not owned or controlled by us. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services.

14. Third-Party Provider Limitations

Simply Send relies on third-party infrastructure providers — including Amazon Web Services (AWS SES), Oracle Cloud Infrastructure (OCI), and other sub-processors — to deliver your emails. While we take every reasonable step to ensure reliable service, you acknowledge and agree that:

• Third-party providers (including AWS, OCI, and any upstream carrier or ISP) may suspend or restrict email sending at their sole discretion, including as a result of their own compliance requirements, abuse detection policies, or regulatory obligations.
• We are not liable for delivery failures, delays, or suspensions caused by the actions or inactions of third-party providers.
• We are not liable for any loss of business, revenue, data, or goodwill arising from a third-party provider's decision to restrict or terminate service.
• Provider decisions regarding account status, deliverability classifications, domain reputation, and policy enforcement are final and outside our control.

Our commitment to you: We will work proactively with third-party providers to maintain your sending capability for as long as your account complies with these Terms and our Acceptable Use Policy. Where a provider suspension occurs, we will:

• Notify you as soon as reasonably practicable
• Assist with provider appeal processes where appropriate
• Provide guidance on remediation where possible
• Explore alternative sending routes where available

15. Disclaimer of Warranties

We do not warrant that (i) the Service will meet your requirements, (ii) the Service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the Service will be accurate or reliable, or (iv) the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations.

We make no warranties regarding email deliverability rates, inbox placement, or the actions of third-party email providers, ISPs, or spam filters.

16. Limitation of Liability

UNDER NO CIRCUMSTANCES WILL WE BE RESPONSIBLE FOR ANY DAMAGE, LOSS, OR INJURY RESULTING FROM HACKING, TAMPERING, OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THE SERVICE SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL AMOUNTS PAID BY YOU TO SIMPLY INVENT LABS LLC IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE CLAIM; OR (B) ONE HUNDRED US DOLLARS (USD $100).

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.

17. Indemnification

You agree to defend, indemnify, and hold harmless Simply Invent Labs LLC, its parents, subsidiaries, affiliates, officers, directors, employees, contractors, agents, licensors, service providers, and successors (collectively, the "Indemnified Parties") from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:

• Your violation of these Terms of Service or our Acceptable Use Policy
• Your violation of any applicable law or regulation, including but not limited to CAN-SPAM, CASL, GDPR, TCPA, or ePrivacy Directive
• Your email content, message templates, recipient lists, or messaging practices
• Any claim by a recipient of your messages, including claims related to unsolicited email, privacy violations, or harassment
• Any third-party claim arising from or related to your use of the Service
• Your infringement of any intellectual property or other rights of any person or entity
• Any misrepresentation made by you in connection with the Service
• Your use of the Service in a manner that causes damage to our sending infrastructure, IP reputation, or domain reputation

We reserve the right, at your expense, to assume the exclusive defense and control of any matter subject to indemnification by you. You agree to cooperate with our defense of such claims. We will use reasonable efforts to notify you of any such claim upon becoming aware of it.

Your indemnification obligations will survive termination of your account and these Terms.

18. Termination

We may terminate or suspend your account and access to the Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms or our Acceptable Use Policy. Upon termination for cause, any credits or fees paid are non-refundable.

You may terminate your account at any time by contacting us at [email protected]. Upon termination, your right to use the Service will immediately cease.

All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

19. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions. Any legal action or proceeding arising under these Terms will be brought exclusively in the federal or state courts located in San Francisco County, California, and the parties hereby consent to personal jurisdiction and venue therein.

If you are a consumer located in the EU or UK, nothing in these Terms affects your rights under the mandatory consumer protection laws of your country of residence.

20. Changes to Service

We reserve the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. We shall not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Service.

21. Amendments to Terms

We reserve the right to modify these Terms at any time. We will provide notice of any material changes by posting the updated Terms on our website, updating the "Last Updated" date at the top of this document, and (for material changes) sending notice to the email address associated with your account at least 14 days before the changes take effect. Your continued use of the Service after such modifications constitutes your acceptance of the revised Terms.

If you do not agree to the new terms, you must stop using the Service.

22. Waiver and Severability

The failure of Simply Invent Labs to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.

23. Logo Usage

By using our Service, you grant us permission to use your company's name and logo in our marketing materials, including but not limited to our website, customer lists, presentations, and promotional content, solely for the purpose of identifying you as a customer of Simply Send.

If you wish to opt out of this permission or revoke it at any time, please contact us at [email protected] and we will honour your request within 14 days. Opting out will not affect your use of the Service.

24. Acceptable Use Policy

Your use of the Service is subject to our Acceptable Use Policy, which is incorporated by reference into these Terms. You can review the current Acceptable Use Policy at Acceptable Use Policy.

25. Entire Agreement

These Terms, together with our Privacy Policy, Acceptable Use Policy, and any other legal notices published by us on the Service, shall constitute the entire agreement between you and Simply Invent Labs LLC concerning the Service and supersede all prior agreements and understandings, whether written or oral.

26. Contact Information

If you have any questions about these Terms, please contact us at:
[email protected]