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Terms of Service

Last updated: April 19, 2026

These Terms of Service (“Terms”) govern your access to and use of SendMind (“SendMind”, “we”, “our”, or “us”), an AI-powered email marketing platform. By creating an account or using the service, you agree to be bound by these Terms. If you do not agree, do not use SendMind.

1. The Service

SendMind provides software-as-a-service tools to generate, schedule, and send marketing emails to contact lists you upload, plus analytics on delivery, opens, clicks, and unsubscribes. The service is delivered through our web application and APIs and may evolve over time as we add or modify features.

2. Acceptable Use

You agree that you will not use SendMind to:

  • Send unsolicited bulk email (spam) or violate the CAN-SPAM Act, CASL, GDPR, or any other anti-spam or privacy law applicable in your jurisdiction.
  • Email contacts who have not provided you with verifiable consent to receive marketing communications.
  • Send content that is illegal, defamatory, harassing, fraudulent, infringing, or designed to deceive recipients.
  • Attempt to bypass rate limits, sender verification, unsubscribe handling, or other safety mechanisms.
  • Reverse engineer, scrape, or resell the service without our written permission.
  • Upload contact data you do not have lawful authority to process.

We may suspend or terminate accounts that violate these rules, and we may report unlawful activity to authorities and to the underlying email infrastructure providers we depend on.

3. Account & Trial

New accounts include a 14-day free trial of paid features. No credit card is required to start the trial. At the end of the trial, paid features are disabled unless you subscribe to a paid plan. You are responsible for keeping your login credentials secure and for all activity that happens under your account.

4. Payment Terms

Paid subscriptions are billed in advance on a recurring basis (monthly or annually) through our payment processor (Stripe). All fees are quoted in U.S. dollars and are non-refundable except where required by law. We may change pricing on at least 30 days’ notice before the change applies to your next renewal.

5. Cancellation

You may cancel your subscription at any time from your account billing page. Cancellation stops future renewals; the current paid period is not pro-rated and you retain access to paid features until the end of that period. After cancellation, your account reverts to free-tier access (if available) or is deactivated.

6. Your Content & Data

You retain ownership of the content, contact lists, and other data you upload to SendMind (“Your Content”). You grant us a limited license to host, transmit, process, and display Your Content solely to operate and improve the service for you. We will not sell Your Content. See our Privacy Policy for how we handle personal data.

7. AI-Generated Output

SendMind uses third-party large language models (currently Anthropic Claude) to generate email drafts. You are responsible for reviewing AI-generated output before sending. AI output may contain factual errors, and you remain solely responsible for the accuracy, legality, and tone of every email you send through the service.

8. Limitation of Liability

To the maximum extent permitted by law, SendMind and its officers, employees, and suppliers are not liable for any indirect, incidental, consequential, special, or punitive damages, or for lost profits, lost data, or business interruption, even if advised of the possibility. Our total cumulative liability for any claim arising out of or relating to the service is limited to the greater of (a) the fees you paid us in the 12 months before the claim arose, or (b) USD $100.

9. Disclaimer of Warranties

The service is provided “as is” and “as available” without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. We do not guarantee that the service will be uninterrupted, error-free, or that any specific email will be delivered.

10. Indemnification

You agree to indemnify and hold SendMind harmless from claims, damages, and expenses (including reasonable legal fees) arising from your use of the service, your content, your violation of these Terms, or your violation of any law or third-party right.

11. Termination

We may suspend or terminate your account at any time for violation of these Terms or for prolonged inactivity. Sections that by their nature should survive termination (ownership, payment owed, disclaimers, limitation of liability, indemnification, governing law) will survive.

12. Changes to These Terms

We may update these Terms from time to time. Material changes will be communicated by email or in-app notice at least 14 days before they take effect. Continued use of the service after the effective date constitutes acceptance of the updated Terms.

13. Governing Law

These Terms are governed by the laws of the State of California, USA, without regard to its conflict-of-laws principles. Any dispute will be resolved in the state or federal courts located in San Francisco County, California, and you consent to the personal jurisdiction of those courts.

14. Contact

Questions about these Terms? Contact us at support@sendmind.io.

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