Terms of Service

1. Agreement to Terms

By accessing or using PostaSend (“the Service”), you agree to be bound by these Terms of Service (“Terms”). If you do not agree to these Terms, do not use the Service. These Terms apply to all visitors, users, and others who access or use the Service.

2. Use of the Service

PostaSend provides email delivery infrastructure. You may use the Service only for lawful purposes and in accordance with these Terms. You agree not to use the Service:

• To send unsolicited bulk email (spam) or email to recipients who have not opted in
• In violation of any applicable local, national, or international law or regulation
• To transmit any material that is abusive, harassing, fraudulent, or deceptive
• To impersonate any person or entity, or falsely represent your affiliation with any person or entity
• To interfere with or disrupt the integrity or performance of the Service
• To attempt to gain unauthorised access to any part of the Service

3. Accounts

You must create an account to use the Service. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to immediately notify us of any unauthorised use of your account.

You must provide accurate and complete information when registering and keep this information up to date. PostaSend reserves the right to refuse service, terminate accounts, or remove content at our sole discretion.

4. Acceptable Use Policy

You are solely responsible for the emails you send through the Service. You represent and warrant that:

• You have obtained all necessary consents to send email to your recipients
• Your email content complies with all applicable laws including CAN-SPAM, GDPR, and CASL
• You will honour unsubscribe requests promptly and maintain suppression lists
• You will not use the Service to send phishing, malware, or malicious content

PostaSend reserves the right to suspend or terminate accounts that violate this Acceptable Use Policy without prior notice.

5. Billing and Payments

Paid plans are billed in advance on a monthly or annual basis. All fees are non-refundable except where required by law. You authorise PostaSend to charge your payment method for all fees incurred.

If your payment fails, we will notify you and provide a grace period to update your payment information. Continued non-payment may result in suspension or termination of your account.

6. Service Availability

We strive to maintain 99.9% uptime as specified in your plan's Service Level Agreement. Planned maintenance windows will be communicated in advance. PostaSend is not liable for any downtime caused by factors outside our reasonable control, including third-party infrastructure failures, natural disasters, or government actions.

7. Intellectual Property

The Service and its original content, features, and functionality are and will remain the exclusive property of PostaSend, Inc. and its licensors. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of PostaSend, Inc.

8. Limitation of Liability

To the maximum extent permitted by applicable law, PostaSend shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation loss of profits, data, or goodwill, arising out of or in connection with your use of the Service. Our total liability to you for any claims arising out of or related to these Terms or the Service shall not exceed the fees paid by you to PostaSend in the twelve months preceding the event giving rise to the claim.

9. Indemnification

You agree to defend, indemnify, and hold harmless PostaSend and its officers, directors, employees, and agents from and against any claims, damages, obligations, losses, liabilities, costs, or expenses arising from your use of the Service, your violation of these Terms, or your violation of any third-party right.

10. Termination

You may cancel your account at any time from your account settings. PostaSend may terminate or suspend your account at any time, with or without cause, with or without notice. Upon termination, your right to use the Service will cease immediately.

11. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the jurisdiction in which PostaSend, Inc. is incorporated, without regard to its conflict of law provisions.

12. Changes to Terms

We reserve the right to modify these Terms at any time. We will provide at least 14 days' notice of material changes by email or by posting a notice on the Service. Your continued use of the Service after the effective date of the revised Terms constitutes your acceptance of the changes.

13. Contact Us

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