Eligibility
- You must be at least 18 years of age to use Sender.
- You must provide true and complete contact information in the profile of your account.
- You must agree to our terms, conditions and rules and abide by them.
By signing up, you warrant that you meet the above eligibility requirements. Sender reserves the right to close or shut down accounts of any users for any reason disclosed or undisclosed and to change these eligibility requirements at any time.
General Rules
- You are only allowed to have one Sender account sending the same or similar content. If your account is suspended or disabled, creating another account will automatically result in cancellation.
- You must not delete, bulk unsubscribe, or otherwise modify your list in order to avoid our billing thresholds.
- You must not use false or misleading header information. Your “From,” “To,” “Reply-To,” and routing information – including the originating domain name and email address – must be accurate and true and must identify the person or business who initiated the message. We do not allow sending from generic address such as gmail.com, yahoo.com, hotmail.com, outlook.com etc.
- You must not use deceptive subject lines or redirect links to sites and pages that are not relevant to your mail.
- You agree not to use any content, including graphics that is not either created by you or provided for you to use or would infringe or violate on any other party’s rights.
- If you send advertisements, you must identify the message as an ad. You must disclose clearly and conspicuously that your message is an advertisement.
- Your message must include your valid physical postal address. This can be your current street address, a post office box you have registered with your Postal Service, or a private mailbox you have registered with a commercial mail receiving agency established under Postal Service regulations.
- Your message must include a clear and conspicuous explanation of how the recipient can opt out of getting email from you in the future.
- Honor opt-out requests promptly.
Account and Passwords
If you create an online account on sender.net, you are responsible for maintaining the security of your account and the API key assigned to you. It is up to you as the account owner to keep your password and account name confidential. You are fully responsible for all activities that occur under the account and API Key and any other actions taken in connection with your account or the use of the API by that account or API Key. You will contact Sender immediately if you suspect a breach of security regarding your account.
Payments
Prepaid email credits: You may purchase prepaid email credits (one email credit equals one email sent) and these credits will remain in your account for you to use as long as your account is considered active. If your account shows no activity for a period of 12 months, your account may be considered inactive and your email credit may expire.
Monthly subscriptions: Payments are due for any month on the same or closest date to the day you made your first monthly payment (the “Pay Date”). If you go over your sending limit and reach another pricing level, then you’ll have to pay at the higher level on or before the next pay date. If the Term ends before that payment is due, you’ll still be required to make one payment at the higher level.
Changes
Sender reserves the right, at its sole discretion, to modify or replace any part of its policies, terms, conditions or rules. It is your responsibility to review these terms periodically for changes. Any changes made to Sender’s Terms of Service or Anti-Spam Policy go into effect immediately and your continued use of or access to the Service following the posting of any changes to this Agreement constitutes acceptance of those changes.
Disputes
You agree to submit any disputes regarding charges or Sender credits in writing within 30 days of the charge or purchase. You agree that any disputes rendered outside that time period are void and any charges are considered irrefutable.
Refunds
We are required to provide a refund only if we terminate our Services to you without cause before the end of a year for which you have paid. There is no other circumstance in which you will be entitled to a refund from us. Please note:
- We do not provide refunds if your account is suspended because of violation of our Anti-Spam Policy or Terms of Use. We do not refund monthly/yearly plans (incl. upgrades) if it turns out that you're sending (or were going to send) newsletters a) without having permission from your subscribers, and/or b) with prohibited content as per our Anti-SPAM policy.
- We do not refund any unused or partially used plans (monthly or yearly) when you did not use or partially used the Services, and/or forgot to cancel your plan, and/or if you canceled immediately after your credit card was charged for the new billing period. A refund will not be applied if you purchased a wrong monthly/yearly plan (even by mistake), and/or decided to cancel your subscription after the purchase because of functionality.
- We treat all customers equally, so we don't make exceptions to this policy.
Termination
Sender has the right to, at its sole discretion refuse or send any emails that, in Sender’s opinion, violate any Sender policy or are in any way harmful or objectionable, or terminate or deny access to and use of the Services to any individual or entity for any reason, in Sender’s sole discretion. You also have the option of canceling your account at any time without penalty.
Data retention period
Personal data collected by Sender relating to the identity and contact details of its users and prospects is stored for a period of five years following the termination of the contractual relationship for data relating to users, or from the time it was collected by the data controller or from the last contact made by the prospect for data relating to prospects.
The termination of the contractual relationship is understood as being the deliberate cancellation of the contract by the user or the non-use of Sender’s services for a period of five years.
Disclaimer of Warranties
To the maximum extent permitted by law, we provide the material on the sender.net website and the sender.net service as is. Neither UAB Sender.lt, nor its suppliers and licensors, make any warranty that this Service will be error free or that access thereto will be continuous or uninterrupted. You understand that you use these at your own discretion and risk.
Limitation of Liability
To the maximum extent permitted by law, you assume full responsibility for any loss that results from your use of the sender.net website and the sender.net service. In no event shall Sender be liable for any indirect, special, incidental or consequential damages (including but not limited to loss of use, loss of profits, or loss of data) whether in an action in contract, equity or otherwise, arising out of or in any way connected with the use of or inability to use this site or the materials therein or resulting from unauthorized access to or alteration of data.
Indemnity
You agree to indemnify and hold us and our Team harmless from any losses, including attorney fees that result from any claims you make that aren’t allowed under these Terms due to a “Limitation of Liability” or other provision. You also agree to indemnify and hold us harmless from any losses, including attorney fees that result from third-party claims that you or someone using your password did something that, if true, would violate any of these Terms.
Conditions
We may modify or terminate our services at anytime, for any reason, and without notice. We reserve the right to modify these Terms of Use at any time without notice. Please review these Terms of Use on occasion as they may change in the future. We may, but have no obligation to, remove accounts involved in what we determine as unlawful, offensive, threatening, defamatory, obscene or otherwise objectionable activities. We will remove content that violates any party’s intellectual property or these Terms of Use.
Extent
This Agreement, including the policies included in our Anti-Spam Policy constitutes the entire agreement between Sender and you, and which you, the user have agreed to concerning the subject matter herein and pertaining to services as outlined on the website sender.net.
Choice of Law
The laws of Lithuania will apply to any disputes arising out of or relating to these terms or the Services. All claims arising out of or relating to these terms or the Services will be litigated exclusively in courts of Lithuania and you and Sender consent to personal jurisdiction in those courts.
