Terms of Service

1. Who these terms apply to

These terms cover the SendMero website, email API, SMTP relay, dashboard, and related services (the "Service"). The Service is offered to customers based in the United States for business and professional use. You must be at least 18 years old and legally able to enter into this agreement. If you act for an organization, you confirm that you have authority to bind it, and "you" refers to that organization.

When presented with these terms during registration or purchase, you must accept them to use the Service. A separate written agreement signed by us controls if it expressly conflicts with these terms. Our Privacy Policy explains the handling of personal information; accepting these terms does not replace any separate consent required by law.

2. Your account

Provide accurate registration and billing information and keep it current. Protect your passwords, API keys, SMTP credentials, and access to sending domains. Limit account access to authorized people and promptly revoke credentials you no longer need.

You are responsible for your authorized users and for configuring your integrations and domain authentication. Contact us promptly if you suspect unauthorized access or misuse. You must not sell or transfer your account without our written agreement.

3. Acceptable use

Use the Service lawfully and within the limits of your plan. You must not use it to distribute malware, conduct phishing or fraud, impersonate others, infringe intellectual property, or send unlawful or threatening content. You must not interfere with the Service, attempt unauthorized access, evade sending limits or abuse controls, or use another person's sending domain without permission.

SendMero is a permission-based sending service. Send marketing email only to recipients who have agreed to receive that marketing from you, and keep records supporting that permission. Purchased, rented, scraped, and automatically generated recipient lists are prohibited. Transactional messages must arise from a recipient's request, transaction, account, or other legitimate interaction with your business. These are platform requirements in addition to your legal obligations.

4. Email sending requirements

You are responsible for your messages and for complying with applicable email, advertising, and privacy laws. In particular:

• Use truthful sender, routing, and reply information and subject lines that reflect the message.
• Identify commercial messages as advertising where required and include your valid physical postal address.
• Provide a clear, working way to unsubscribe from marketing, available for at least 30 days after sending.
• Honor marketing opt-outs within 10 business days, without charging a fee or imposing unnecessary steps.
• Maintain suppression records and do not re-add unsubscribed recipients without renewed permission.

Calling a message "transactional" does not determine its legal status. Its primary purpose and content matter; mixed promotional and transactional messages may be commercial messages. You remain responsible when another party sends on your behalf. See the FTC's CAN-SPAM guidance.

Do not bypass unsubscribe, bounce, or complaint controls. We may ask for evidence of recipient permission or domain ownership when investigating suspected misuse.

5. Your content and data

You retain your rights to the messages, recipient lists, templates, and other material you submit ("Customer Data"). You give us a limited license to process, transmit, and otherwise use Customer Data only as necessary to provide, secure, support, and protect the Service, follow your lawful instructions, and meet applicable legal obligations. This does not transfer ownership of Customer Data to us.

You must have the rights and permissions needed to submit Customer Data and instruct us to process it. You are responsible for appropriate notices to your recipients, required consents, and the accuracy and legality of your content. Do not submit data that requires special contractual or regulatory safeguards unless we have first agreed in writing to provide those safeguards.

Maintain your own copies of information you need. Any separate data processing agreement we enter into controls the processing matters it specifically addresses. Details about personal information belong in the Privacy Policy and any applicable data processing agreement.

6. Billing, cancellation, and refunds

Your selected plan, checkout disclosures, or agreed order specify the price, included usage, billing period, and any additional usage charges. You agree to pay the charges you authorize and applicable taxes. Recurring charges and any different terms for a custom plan will be disclosed before purchase and accepted where required by law.

Included usage and credits. Each plan includes a monthly number of emails. Each recipient of a message counts as one email, and a recipient that later bounces or complains still counts. Usage is counted and allowances and limits reset on a UTC calendar-month basis (and daily limits at 00:00 UTC). Where your plan allows additional usage, it is paid from prepaid credits you buy at the then-current rate shown at checkout (or at the rate in your agreed order). Credits do not expire, are not transferable, and can be used with any plan on your account, including after you move to the free plan. Credits are non-refundable, including when you close your account, except where the law requires otherwise or your agreed order says so.

Limits and rejected requests. When your included emails and credits are used up, or when a daily or monthly limit or a sending cap applies to your account, we reject new sending requests with an error and do not queue them. Messages we have already accepted are still sent. You can set your own daily and monthly sending caps; they cannot exceed any limit we set for your account.

Payment methods and automatic top-up. We collect a payment card when you subscribe to a paid plan. A saved payment method can be replaced but not removed while your account is active; email us if you need it deleted. Automatic top-up is off by default. If you turn it on, you authorize us to charge your saved payment method for the credit amount you choose each time your remaining credits fall to the level you choose, and you can turn it off at any time.

Dedicated IP add-on. A dedicated IP is provisioned by us on request and is charged per IP per month, in advance. The first month is prorated by the days remaining, and the full amount is charged on the first day of each following month. Removing a dedicated IP during a month does not reduce or refund that month's charge.

Renewal and plan changes. Unless your agreed order states otherwise, paid subscriptions run monthly and renew automatically until cancelled. Upgrades take effect when confirmed. A downgrade or cancellation of a paid subscription takes effect at the end of the current billing period; request it before the next renewal to avoid another subscription charge. Subscriptions are billed on the first day of each month, and a subscription that starts part-way through a month is charged a prorated first amount. Cancelling a paid subscription lets you retain your account on the available free plan, subject to its limits.

How to cancel. Use the account billing controls, where available, or email connect@sendmero.com from your account email address. Tell us whether you want to stop a paid subscription or close the entire account. Full account closure ends access when confirmed, rather than waiting until the billing period ends. Charges already incurred, including additional usage, remain payable and will be included in your final bill.

Refunds. Contact us about a disputed charge or refund request. Refunds and credits are available where required by law, provided in your agreed order, or approved after review of your request. Prepaid credits are non-refundable as described above. If we end an affected service because an intellectual property claim prevents us from continuing to provide it, we will refund prepaid charges for its unused portion. No provision limits refund or billing rights that the law does not allow you to waive.

Price changes apply prospectively and will be communicated before they apply to your account. Additional consent will be obtained when required. A free plan remains subject to its published limits and these terms.

7. Service availability

Email delivery depends on factors including recipient servers, sender reputation, your configuration, and third-party networks. We do not guarantee acceptance, inbox placement, delivery timing, or a particular result. Delivery and engagement reports may be affected by recipient settings and third-party systems.

The Service may be interrupted by maintenance, incidents, or circumstances outside our reasonable control. A service-level commitment or credit applies only if included in your separate written agreement with us. We may update the Service over time, subject to any commitments in that agreement.

8. Suspension

We may restrict sending or suspend access when we reasonably believe there is a breach of these terms, unauthorized access, nonpayment of an amount properly due, a legal requirement, or a risk to recipients, other customers, or the Service. We may act immediately where needed to contain abuse or a security threat.

When reasonably practical and legally permitted, we will explain the reason and what is needed to address it. You may contact us to request review. Suspension does not by itself determine any refund entitlement, which remains subject to your purchase terms and applicable law.

9. Ending your account

You may request closure of your account using the process in Section 6. Closing an account ends access when confirmed and does not change charges already properly incurred. We may terminate access for a material breach, persistent misuse, or when required by law. Where practical, we will provide an opportunity to address a breach before termination.

After termination, your permission to use the Service ends. Before requesting closure, obtain any copies of Customer Data you need through available features or contact us for assistance. Personal information remains subject to the Privacy Policy and applicable law. Provisions intended by their nature to continue, including accrued payment obligations, ownership, liability limits, and dispute terms, survive termination.

10. Our intellectual property

We and our licensors retain rights in the Service, software, documentation, designs, and branding. Subject to these terms, you may access and use the Service for your business during your account's active term. No ownership rights are transferred to you. You must not copy, resell, or reverse engineer the Service except as expressly permitted by us or by applicable law. Third-party materials may carry their own licenses.

11. Disclaimers

To the extent permitted by law, and except for express commitments in a separate written agreement, the Service is provided "as is" and "as available." We disclaim implied warranties of merchantability, fitness for a particular purpose, and noninfringement. We do not warrant that the Service will be uninterrupted, error-free, or suitable for every intended use.

These disclaimers do not exclude warranties or protections that cannot lawfully be excluded. You are responsible for deciding whether the Service meets your requirements.

12. Limits of liability

To the extent permitted by law, neither party is liable to the other for indirect, incidental, special, consequential, or punitive damages, including lost profits or business opportunities, arising from this agreement, even if advised that such damages were possible.

To the extent permitted by law, our total liability for claims arising from or relating to the Service or these terms will not exceed the greater of US $100 or the fees you paid us for the Service during the 12 months before the event giving rise to the claim.

These exclusions and limits do not apply to fraud, intentional misconduct, gross negligence, or any liability that applicable law does not permit to be excluded or limited. A separate written agreement may establish different liability terms.

13. Governing law and disputes

Wyoming law governs these terms without applying its conflict-of-law rules, except where federal law or other mandatory law applies. Subject to mandatory rights to bring a claim elsewhere, disputes will be brought in the state or federal courts located in Wyoming, and each party consents to those courts' jurisdiction.

Contact us if a dispute arises so we can try to resolve it. This request does not prevent either party from seeking legal relief or extend a legal filing deadline. These terms do not require arbitration or waive rights that cannot lawfully be waived.

14. Changes and general terms

We may revise these terms. Updated terms will identify their effective date, and material changes will be brought to your attention before taking effect, except where an earlier change is required by law. We will obtain renewed acceptance when required. Changes will not apply retroactively to a dispute that arose before their effective date.

These terms and any applicable order or separate written agreement make up our agreement about the Service. If a provision cannot be enforced, the remaining provisions remain in effect to the extent permitted by law. A failure to enforce a provision is not a waiver of the right to enforce it later. Neither party may transfer this agreement without the other's consent, except as part of a merger, reorganization, or sale of substantially all relevant assets, provided the successor assumes the agreement.

15. Contact

For questions about these terms, account assistance, or reports of misuse, contact Score Digital LLC, the Wyoming company operating SendMero, at connect@sendmero.com.