Terms of Service

PLEASE CAREFULLY READ THESE TERMS OF SERVICE (“TERMS”). BY CREATING AN ACCOUNT OR USING THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE, DO NOT USE THE SERVICES.

These Terms are a legal and binding agreement between SendMailr LLC (“SendMailr,” “we,” “us,” or “our”) and you (“you,” or “your”) that governs your access to and use of the websites, web applications, APIs, and other services made available at sendmailr.com (collectively, the “Services”).

ACCEPTANCE OF THESE TERMS IMPLIES YOUR AGREEMENT TO MANDATORY INDIVIDUAL ARBITRATION AND CLASS ACTION / JURY TRIAL WAIVER PROVISIONS THAT REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AS DESCRIBED IN SECTION 18.

If you accept these Terms on behalf of a business or entity, you represent and warrant that you have full authority to bind that entity, and references to “you” will refer to both you and the entity.

1. Acceptance and Updates

By creating an account or using the Services you agree to these Terms and our Privacy Policy, Acceptable Use Policy, and any other policies referenced herein, each incorporated by reference. We may modify these Terms at any time. Material changes will be posted on this page with an updated Effective date and, where appropriate, additional notice (such as email or in-platform notice). Your continued use of the Services after the change becomes effective constitutes acceptance.

2. Eligibility

You must be at least 18 years of age and able to form a binding contract under applicable law to use the Services. The Services are intended for business use within the United States. By registering, you represent that you meet these requirements.

3. Account Registration

To use the Services you must register for an account and provide accurate, current, and complete information. You are responsible for keeping your login credentials confidential and for all activities that occur under your account. Notify us immediately of any unauthorized use through our contact form. Accounts are subject to review and approval; we may refuse, suspend, or terminate an account at our discretion as permitted by these Terms.

4. License Grant and Restrictions

Subject to your compliance with these Terms, SendMailr grants you a limited, personal, revocable, non-exclusive, non-transferable license to access and use the Services for your internal business purposes. You agree that you will not, and will not permit any third party to:

• reverse engineer, decompile, disassemble, or attempt to derive source code of the Services;
• copy, modify, distribute, sell, rent, lease, sublicense, or create derivative works of the Services;
• remove proprietary notices or labels;
• use the Services to develop a competing product;
• circumvent any technical limitations or security measures;
• access the Services through automated means except through documented APIs we provide;
• use the Services in violation of applicable law, including the Acceptable Use Policy.

All right, title, and interest in and to the Services, including all intellectual property rights, remain with SendMailr and its licensors. No rights are granted by implication.

5. Your Content and Mailing Lists

You retain ownership of content you upload, including mailing lists, artwork, recipient data, and copy (“Customer Content”). You grant SendMailr a worldwide, non-exclusive, royalty-free license to host, process, transmit, modify, and display Customer Content solely to operate the Services on your behalf.

You represent and warrant that (a) you have the rights necessary to upload and use Customer Content for the purposes described, (b) Customer Content complies with applicable law including data-protection, marketing, postal, and consumer-protection laws, and (c) you have a lawful basis to mail each recipient on your lists. SendMailr acts as a service provider with respect to recipient data, as further described in our Privacy Policy and Data Processing Addendum.

6. Third-Party Services

The Services rely on or integrate with third-party providers, including Stripe (payments), Lob (mail printing and delivery), OpenAI (AI content generation), RentCast (property data), and others listed at /subprocessors. Your use of those services is governed by their respective terms and privacy policies. SendMailr is not responsible for the acts or omissions of third-party providers.

7. Fees, Payment, and Refunds

Prices for mail pieces, subscriptions, and territory access are displayed in the platform at the time of purchase. All charges are processed by Stripe. By providing payment information you authorize SendMailr to charge the applicable fees to your method on file. Posted prices do not include taxes, which are your responsibility where applicable.

All sales are final. Once a mail order, campaign run, or recurring mailing has been transmitted to our print and mail vendor, it cannot be cancelled or refunded. If a technical error on our end causes a documented failure, we will work with you in good faith to resolve it, which may include reprocessing or credit at our discretion. Unused subscription time and territory access do not entitle you to a refund except where required by law.

We may change prices at any time. Price changes will not apply retroactively to orders already placed. We reserve the right to correct typographical errors and to cancel any order arising from such an error.

8. Subscriptions, Auto-Renewal, and Cancellation

Subscription-based features (such as recurring event mailings) renew automatically at the end of each billing period at the then-current rate. You may cancel auto-renewal at any time from your account settings; cancellation takes effect at the end of the current period. Cancellation does not refund the current period, and any unsent mailings scheduled for that period may be cancelled. Per-piece, per-campaign, and territory charges are non-recurring and billed as incurred.

If your payment method fails or your account becomes past due, we may suspend mail generation and sending until payment is current. We may terminate accounts that remain unpaid for more than 30 days.

9. Acceptable Use

Your use of the Services is subject to our Acceptable Use Policy, which is incorporated by reference. Violations may result in immediate suspension or termination without refund.

10. Service Availability and Support

We will use commercially reasonable efforts to make the Services available. The Services may be temporarily unavailable for maintenance, upgrades, or reasons outside our control. Delivery timelines are estimates and depend on USPS network and third-party vendor performance; SendMailr does not guarantee delivery dates. Support is available through the contact channels published in the platform.

11. Termination and Suspension

You may close your account at any time from your account settings. SendMailr may suspend or terminate your account, with or without notice, if you breach these Terms, fail to pay fees, engage in fraud or abuse, or use the Services in a way that creates legal, security, or reputational risk to SendMailr. Upon termination, all licenses granted to you cease, and SendMailr will halt future mail generation associated with your account. Mail orders already transmitted to our vendor may continue to be processed. Sections that by their nature should survive termination (including 4, 5, 7, 12, 13, 14, 17, and 18) will survive.

12. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, OR QUIET ENJOYMENT. SENDMAILR DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS, OR THAT DATA WILL BE ACCURATE OR COMPLETE.

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SENDMAILR WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS, EVEN IF ADVISED OF THE POSSIBILITY. SENDMAILR’S TOTAL CUMULATIVE LIABILITY FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES WILL NOT EXCEED THE GREATER OF (A) ONE HUNDRED U.S. DOLLARS ($100) OR (B) THE AMOUNTS YOU PAID TO SENDMAILR IN THE SIX (6) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

Some jurisdictions do not allow certain limitations of liability; in those jurisdictions, our liability will be limited to the maximum extent permitted by law.

14. Indemnification

You agree to defend, indemnify, and hold harmless SendMailr and its officers, directors, employees, agents, and affiliates from any claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) your access to or use of the Services; (b) your Customer Content, mailing lists, or mail pieces; (c) your violation of these Terms or applicable law; or (d) your violation of any third-party right, including intellectual property and privacy rights. SendMailr reserves the right to assume the exclusive defense of any matter subject to indemnification, in which case you will cooperate.

15. DMCA Copyright Notices

SendMailr respects intellectual property rights. If you believe your copyrighted work has been infringed through the Services, send a notice containing the information required by 17 U.S.C. § 512(c)(3) to our Designated Copyright Agent. Notices must include: (i) a physical or electronic signature of the rights holder or authorized agent; (ii) identification of the copyrighted work; (iii) identification of the allegedly infringing material and its location; (iv) your contact information; (v) a good-faith-belief statement; and (vi) a statement under penalty of perjury that the information is accurate and you are authorized to act.

Designated Copyright Agent:
SendMailr LLC — Attn: DMCA Agent
23647 Calabasas Road
Calabasas, CA 91302
Email: support@sendmailr.com (subject line: “DMCA”)

Counter-notifications may be submitted under 17 U.S.C. § 512(g). Repeat infringers’ accounts will be terminated.

16. Modifications to the Services

We may modify, suspend, or discontinue any part of the Services at any time, with or without notice. We are not liable to you or any third party for any such modification, suspension, or discontinuation.

17. Governing Law and Venue

These Terms are governed by the laws of the State of California, U.S.A., without regard to conflict-of-laws principles. Subject to Section 18, you and SendMailr consent to the exclusive jurisdiction of the state and federal courts located in Los Angeles County, California for any matter not subject to arbitration.

18. Mandatory Arbitration and Class Action Waiver

Agreement to Arbitrate. You and SendMailr agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Services will be resolved exclusively through final and binding individual arbitration administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules, available at www.adr.org, as modified by these Terms. The Federal Arbitration Act governs the interpretation and enforcement of this provision.

Class Action Waiver. YOU AND SENDMAILR AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE, OR CONSOLIDATED PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE CLAIMS OF MORE THAN ONE PERSON AND MAY AWARD RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF.

30-Day Opt-Out. You may opt out of this arbitration agreement within 30 days of first accepting these Terms by emailing support@sendmailr.com with subject “ARBITRATION OPT-OUT” and including your name, account email, and an express statement that you opt out of arbitration.

Small Claims. Either party may bring an individual action in small-claims court for disputes within that court’s jurisdiction.

Costs and Procedure. AAA fees and procedures apply. If the value of relief sought is $10,000 or less, you may elect to conduct arbitration by telephone or written submissions. The arbitrator’s award is final and binding and may be entered in any court of competent jurisdiction.

19. Notices

SendMailr may give you notice by posting on the Services, by emailing the address associated with your account, or by another reasonable method. You agree to send legal notices to SendMailr by email at support@sendmailr.com with subject “LEGAL NOTICE.”

20. General Provisions

Severability. If any provision of these Terms (other than Section 18) is held unenforceable, the remaining provisions remain in effect. Assignment. You may not assign these Terms without our prior written consent; SendMailr may assign without restriction. Waiver. No failure to enforce a provision constitutes a waiver. Force Majeure. Neither party is liable for delays caused by events outside its reasonable control. Entire Agreement. These Terms, together with the Privacy Policy, AUP, and DPA, constitute the entire agreement between you and SendMailr regarding the Services and supersede any prior agreements. No Third-Party Beneficiaries. These Terms confer no rights on any third party. Independent Contractors. Nothing in these Terms creates an agency, partnership, joint venture, or employment relationship.

21. Contact

Questions about these Terms? Use our contact form.