Terms of Service

Last Updated: 07 July, 2024

1. Introduction

Welcome to Sendrealm, a service provided by Sendrealm (“Sendrealm”, “we”, “our”, “us”). These Terms of Service (“Terms”, “Terms of Service”) govern your access and use of the Sendrealm platform and its associated services (collectively, the “Service”).

Please read these Terms carefully before using the Service. By accessing or using the Service, you agree to be bound by these Terms. If you disagree with any part of the Terms, you may not access or use the Service.

2. Changes to Terms

We may modify these Terms from time to time. We will post any changes on the Service. It is your responsibility to review the Terms periodically. Your continued use of the Service after the posting of revised Terms means that you accept and agree to the changes.

3. Eligibility

The Service is intended for use by individuals who are at least 18 years of age. If you are under 18, you may not access or use the Service.

4. Accounts

To access certain features of the Service, you may be required to create an account ("Account"). You are responsible for maintaining the confidentiality of your Account information, including your password, and for all activities that occur under your Account. You must notify Sendrealm immediately of any unauthorized use of your Account.

5. Service Use

The Service allows you to send emails, manage your email lists, track email performance, and access other related features. You are solely responsible for the content you submit, post, or display on or through the Service. You represent and warrant that you have the right to use such content and that its posting does not violate the privacy rights, publicity rights, copyrights, contract rights, or any other rights of any person or entity.

6. Prohibited Uses

You may not use the Service for any illegal or unauthorized purpose, including but not limited to:

• Sending spam or unsolicited email messages.
• Phishing or attempting to deceive users.
• Distributing malware, viruses, or other harmful content.
• Harassing, threatening, or abusing others.
• Violating any applicable laws or regulations.
• Attempting to gain unauthorized access to the Service or its systems.
• Interfering with the Service or any other user's access to the Service.
• Using the Service to engage in any activity that could damage or disrupt the Service.

7. Subscription Fees and Billing

The Service is available on a subscription basis. You will be billed in advance on a recurring and periodic basis ("Billing Cycle"). Billing Cycles are set either monthly or annually, depending on the type of subscription plan you select. You must provide us with valid payment information, and you authorize us to charge your payment method for the subscription fees. If automatic billing fails for any reason, we will send you an electronic invoice requesting manual payment. You can cancel your subscription at any time, but you will be charged for the current Billing Cycle. Subscription fees are non-refundable, except as required by law.

8. Free Trial

We may offer a free trial of the Service for a limited period. You may be required to enter your billing information to sign up for a Free Trial. You will not be charged during the Free Trial period, but you will be automatically charged for the subscription fees after the trial period ends unless you cancel your subscription. We reserve the right to modify or cancel the Free Trial offer at any time.

9. Intellectual Property

The Service and its underlying technology, including but not limited to the Sendrealm platform, software, designs, trademarks, and logos, are the property of Sendrealm and are protected by intellectual property laws. You may not use or modify the Service in a way that infringes on our intellectual property rights.

10. Disclaimers

The Service is provided "as is" and "as available." We make no representations or warranties of any kind, express or implied, about the Service, including but not limited to warranties of merchantability, fitness for a particular purpose, non-infringement, or any implied warranties arising from course of performance, course of dealing, or trade usage. We do not warrant that the Service will be uninterrupted or error-free, that defects will be corrected, or that the Service is free of viruses or other harmful components. You are responsible for taking all necessary precautions to protect yourself and your systems from viruses, worms, Trojan horses, and other malicious code.

11. Limitation of Liability

To the maximum extent permitted by law, Sendrealm will not be liable for any indirect, incidental, consequential, punitive, or special damages arising from or relating to your use of or inability to use the Service, even if Sendrealm has been advised of the possibility of such damages. This includes, but is not limited to, damages for loss of profits, loss of data, business interruption, or any other commercial damages. You acknowledge that Sendrealm is not responsible for any conduct, content, or information submitted by any third party.

12. Indemnification

You agree to indemnify and hold harmless Sendrealm and its officers, directors, employees, agents, licensors, and suppliers from and against any and all claims, demands, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to:

• Your use of the Service.
• Your violation of these Terms.
• Your violation of any third party rights.
• Your violation of any applicable law or regulation.

13. Termination

We may terminate your access to the Service for any reason, at any time, without notice. We may also suspend your Account for any reason, including, but not limited to, a violation of these Terms. You may terminate your account at any time, but you will be charged for the current Billing Cycle.

14. Governing Law

These Terms will be governed by and construed in accordance with the laws of [State] without regard to its conflict of law provisions.

15. Entire Agreement

These Terms constitute the entire agreement between you and Sendrealm concerning your access and use of the Service and supersedes all prior or contemporaneous communications and proposals, whether oral or written.

16. Severability

If any provision of these Terms is held to be invalid or unenforceable, such provision will be struck and the remaining provisions will remain in full force and effect.

17. Waiver

The failure of Sendrealm to enforce any right or provision of these Terms will not constitute a waiver of such right or provision.

18. Contact Us

If you have any questions about these Terms or the Service, please contact us at:

Email: [email protected]

19. Acknowledgement

By accessing or using the Service, you acknowledge that you have read and understood these Terms of Service and agree to be bound by them.

20. Data Privacy

Sendrealm is committed to protecting your privacy. Our data privacy practices are outlined in our Privacy Policy, which is incorporated into these Terms of Service. Please review the Privacy Policy to understand how we collect, use, disclose, and protect your information.

21. Third-Party Services

The Service may include or integrate with third-party services, such as analytics tools, payment processors, or other services. Your use of such third-party services is governed by their respective terms and conditions and privacy policies. Sendrealm is not responsible for the privacy practices or the content of any third-party services.

22. Security

We take reasonable measures to protect your information from unauthorized access, disclosure, alteration, or destruction. However, no website or internet transmission is completely secure. Therefore, we cannot guarantee the absolute security of your information. You are responsible for protecting your password and other Account information.