Terms of Service

1. Introduction and Acceptance

Welcome to iSend.ai ("we," "our," "us," or "the Service"). These Terms of Service ("Terms") govern your access to and use of our multi-channel messaging platform, including our website, API, mobile applications, and related services (collectively, the "Service").

By accessing or using our Service, you agree to be bound by these Terms. If you disagree with any part of these Terms, you may not access or use the Service. These Terms apply to all visitors, users, and others who access or use the Service.

If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these Terms, in which case the terms "you" or "your" shall refer to such entity.

2. Description of Service

iSend.ai is a comprehensive multi-channel messaging platform that enables businesses and developers to:

• Send transactional and marketing emails through connected email providers (AWS SES, SendGrid, SMTP)
• Create, manage, and schedule social media posts across multiple platforms (Facebook, Instagram, LinkedIn, Twitter/X, Threads, Pinterest, YouTube)
• Send messages via messaging platforms (WhatsApp, Telegram)
• Manage email templates, campaigns, and contact lists
• Access analytics and reporting for email and social media activities
• Use our REST API to integrate messaging capabilities into their applications

We reserve the right to modify, suspend, or discontinue any part of the Service at any time, with or without notice, at our sole discretion.

3. User Accounts and Registration

3.1 Account Creation

To use certain features of our Service, you must register for an account. You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate, current, and complete.

3.2 Account Security

You are responsible for maintaining the confidentiality of your account credentials, including your password and API keys. You agree to:

• Use a strong, unique password for your account
• Not share your account credentials with any third party
• Immediately notify us of any unauthorized use of your account
• Accept responsibility for all activities that occur under your account

3.3 Account Eligibility

You must be at least 18 years old (or the age of majority in your jurisdiction) to create an account. By creating an account, you represent and warrant that you meet this age requirement.

3.4 Multiple Accounts

You may create multiple accounts for different purposes, but each account must be associated with a valid email address and comply with these Terms.

4. Acceptable Use Policy

You agree to use the Service only for lawful purposes and in accordance with these Terms. You agree NOT to:

4.1 Prohibited Activities

• Send spam, unsolicited bulk emails, or messages that violate anti-spam laws (CAN-SPAM Act, GDPR, CASL, etc.)
• Send emails or messages containing malicious code, viruses, or harmful content
• Impersonate any person or entity or falsely state or misrepresent your affiliation with any person or entity
• Violate any applicable local, state, national, or international law or regulation
• Infringe upon the intellectual property rights of others
• Harass, abuse, or harm other users or third parties
• Collect or store personal data about other users without their consent
• Use the Service to transmit or store content that is illegal, defamatory, obscene, or otherwise objectionable
• Attempt to gain unauthorized access to the Service, other accounts, or computer systems
• Interfere with or disrupt the Service or servers connected to the Service
• Use automated systems (bots, scrapers) to access the Service without our express written permission
• Reverse engineer, decompile, or disassemble any part of the Service
• Use the Service to compete with us or to build a similar or competitive service

4.2 Email and Messaging Compliance

You are solely responsible for ensuring that all emails and messages sent through our Service comply with:

• Anti-spam laws (CAN-SPAM Act, GDPR, CASL, etc.)
• Email marketing best practices and industry standards
• Terms of service of connected email providers and social media platforms
• All applicable data protection and privacy laws

You must include proper unsubscribe mechanisms in all marketing emails and honor unsubscribe requests promptly.

4.3 Consequences of Violation

Violation of this Acceptable Use Policy may result in immediate suspension or termination of your account, without refund, and may subject you to legal liability.

5. Payment Terms and Billing

5.1 Subscription Plans

We offer various subscription plans with different features and usage limits. Current pricing and plan details are available on our website and may be updated from time to time.

5.2 Billing Cycle

Subscription fees are billed in advance on a monthly or annual basis, depending on your selected plan. By subscribing, you authorize us to charge your payment method for the subscription fee and any applicable taxes.

5.3 Payment Methods

We accept major credit cards and other payment methods as displayed on our website. Payment processing is handled by secure third-party payment processors.

5.4 Price Changes

We reserve the right to modify our pricing at any time. Price changes will not affect your current billing cycle but will apply to subsequent billing periods. We will provide at least 30 days' notice of any price increases.

5.5 Failed Payments

If payment fails, we may suspend or terminate your account. You remain responsible for any outstanding fees. We may charge a late fee or interest on overdue amounts.

5.6 Taxes

You are responsible for all taxes, duties, and government charges associated with your use of the Service, except for taxes based on our income.

6. Refund Policy

6.1 Money-Back Guarantee

We offer a 7-day money-back guarantee for all paid subscription plans. If you are not satisfied with our Service within the first 7 days of your subscription, you may request a full refund by contacting us at isend.ai.16@gmail.com.

6.2 Refund Eligibility

Refunds are only available for the initial subscription period and are not available for:

• Renewal periods after the initial subscription
• Accounts terminated for violation of these Terms
• Accounts that have exceeded usage limits or violated our Acceptable Use Policy
• Partial refunds for unused portions of a subscription period

6.3 Refund Processing

Refunds, if approved, will be processed within 10-14 business days to the original payment method. Refunds may take additional time to appear in your account depending on your financial institution.

7. Intellectual Property Rights

7.1 Our Intellectual Property

The Service, including its original content, features, functionality, design, logos, trademarks, and software, is owned by iSend.ai and is protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.

7.2 License to Use

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your internal business purposes, subject to these Terms. This license does not include any right to:

• Resell or sublicense the Service
• Copy, modify, or create derivative works of the Service
• Reverse engineer or attempt to extract source code
• Remove any proprietary notices or labels

7.3 User Content

You retain all ownership rights to content you create, upload, or transmit through the Service ("User Content"). By using the Service, you grant us a worldwide, non-exclusive, royalty-free license to use, store, reproduce, modify, and display your User Content solely for the purpose of providing and improving the Service.

8. User Content and Data

8.1 Your Responsibility

You are solely responsible for all User Content you create, upload, or transmit through the Service. You represent and warrant that:

• You own or have the necessary rights to use and authorize us to use your User Content
• Your User Content does not violate any third-party rights, including intellectual property, privacy, or publicity rights
• Your User Content complies with all applicable laws and regulations
• You have obtained all necessary consents and permissions for any personal data included in your User Content

8.2 Content Moderation

We reserve the right, but are not obligated, to monitor, review, and remove any User Content that violates these Terms or is otherwise objectionable, at our sole discretion.

8.3 Data Backup

While we implement reasonable backup procedures, you are responsible for maintaining backups of your User Content. We are not liable for any loss or corruption of your data.

9. API Usage

9.1 API Access

If you use our API, you agree to comply with our API documentation, rate limits, and usage guidelines. API access is subject to your subscription plan and may be limited based on your tier.

9.2 API Keys

You are responsible for maintaining the confidentiality of your API keys. You must not share your API keys with unauthorized parties or embed them in client-side code. If your API keys are compromised, you must immediately regenerate them.

9.3 API Modifications

We reserve the right to modify, deprecate, or discontinue any API endpoint at any time. We will provide reasonable notice of breaking changes when possible.

9.4 API Abuse

Excessive API usage, attempts to circumvent rate limits, or use of the API in violation of these Terms may result in API access suspension or termination.

10. Service Availability and Modifications

10.1 Availability

We strive to maintain high availability of the Service but do not guarantee uninterrupted or error-free operation. The Service may be unavailable due to maintenance, updates, technical issues, or circumstances beyond our control.

10.2 Modifications

We reserve the right to modify, update, or discontinue any feature or functionality of the Service at any time, with or without notice. We are not obligated to provide prior notice for routine updates or maintenance.

10.3 Third-Party Services

Our Service integrates with third-party services (email providers, social media platforms, payment processors). We are not responsible for the availability, functionality, or terms of service of these third-party services. Changes to third-party APIs or services may affect our Service functionality.

11. Termination

11.1 Termination by You

You may cancel your account at any time through your account settings or by contacting us. Cancellation will take effect at the end of your current billing period, and you will continue to have access to the Service until that time.

11.2 Termination by Us

We may suspend or terminate your account immediately, without prior notice, if:

• You violate these Terms or our Acceptable Use Policy
• You fail to pay subscription fees when due
• You engage in fraudulent, illegal, or harmful activities
• We are required to do so by law or court order
• We determine, in our sole discretion, that termination is necessary to protect our Service or other users

11.3 Effect of Termination

Upon termination, your right to use the Service will immediately cease. We may delete your account data and User Content after a reasonable retention period, subject to our legal obligations. You remain responsible for all fees incurred prior to termination.

12. Disclaimers and Limitations of Liability

12.1 Service Disclaimer

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.

12.2 No Guarantees

We do not guarantee that:

• The Service will be uninterrupted, secure, or error-free
• All emails or messages will be delivered successfully
• Results obtained from using the Service will be accurate or reliable
• Defects or errors will be corrected
• The Service will meet your specific requirements

12.3 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL ISEND.AI, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM YOUR USE OR INABILITY TO USE THE SERVICE.

OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.

12.4 Jurisdictional Limitations

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

13. Indemnification

You agree to indemnify, defend, and hold harmless iSend.ai, its affiliates, officers, directors, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including reasonable attorney's fees) arising from:

• Your use of or access to the Service
• Your violation of these Terms
• Your violation of any third-party right, including intellectual property, privacy, or publicity rights
• Your User Content
• Your violation of any applicable law or regulation
• Any emails or messages sent through the Service that violate anti-spam laws or third-party terms of service

14. Dispute Resolution

14.1 Informal Resolution

Before filing a claim, you agree to contact us at isend.ai.16@gmail.com to attempt to resolve the dispute informally. We will attempt to resolve the dispute within 30 days of receiving your notice.

14.2 Binding Arbitration

If informal resolution is unsuccessful, any dispute arising out of or relating to these Terms or the Service shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association, except that either party may seek injunctive relief in any court of competent jurisdiction.

14.3 Class Action Waiver

You agree that disputes will be resolved on an individual basis and waive any right to participate in a class action, collective action, or representative proceeding.

15. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the jurisdiction in which iSend.ai operates, without regard to its conflict of law provisions. Any legal action or proceeding arising under these Terms will be brought exclusively in the courts of competent jurisdiction in that location.

16. Changes to Terms

We reserve the right to modify or replace these Terms at any time at our sole discretion. If we make material changes, we will notify you by:

• Posting the updated Terms on this page
• Updating the "Last updated" date
• Sending an email notification to the address associated with your account (for material changes)

Your continued use of the Service after any changes constitutes your acceptance of the new Terms. If you do not agree to the modified Terms, you must stop using the Service and may cancel your account.

17. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

18. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and iSend.ai regarding the Service and supersede all prior agreements and understandings, whether written or oral.

19. Contact Information

If you have any questions about these Terms, please contact us: