These Terms of Service ("Terms") form a legally binding agreement between FluentCart Inc. ("Company," "we," "us," or "our"), with its principal place of business at 131 Continental Dr, Suite 305, Newark, Delaware 19713, USA, and you ("you" or "your").
The Terms govern your access to and use of the toSend website, APIs, applications, and any related services (collectively, the "Service"). By accessing or using the Service, you agree to these Terms. If you do not agree, you must not use the Service.
1. Acceptance of Terms
You accept these Terms by creating an account, using the Service, or clicking an acceptance button (if presented). If you enter into these Terms on behalf of a company or other entity, you represent that you have authority to bind that entity.
2. Changes to Terms
We may update these Terms at any time. We will post the revised version on our website and update the "Effective Date." Your continued use of the Service after changes constitutes acceptance of the updated Terms.
3. Eligibility
You must be at least 18 years old to use the Service. By using the Service, you represent that you meet this age requirement and have the legal capacity to enter into these Terms.
4. Accounts
To access certain features, you must create an account with accurate and complete information. You are responsible for maintaining the confidentiality of your account credentials and for all activities under your account. Notify us immediately of any unauthorized use at support@tosend.com.
We reserve the right to suspend or terminate accounts at our discretion, including for violations of these Terms.
4A. Data Processing Agreement
To the extent that your use of the Service involves the Processing of personal data (as defined under applicable data protection laws such as the GDPR, UK GDPR, or CCPA), our Data Processing Agreement ("DPA") applies. You agree to the DPA automatically by accepting these Terms and creating an account — no separate signature is required for it to be binding. A counter-signed PDF is available on request at support@tosend.com for customers whose procurement requires one. Where the DPA and these Terms conflict with respect to the processing of personal data, the DPA governs.
5. Use of the Service
The Service allows you to send emails and related communications ("Messages") via our API and platform. You are solely responsible for all content you send or process through the Service ("Your Content"), including recipient data and compliance with applicable laws (for example, anti-spam laws such as CAN-SPAM, GDPR, and others).
You represent and warrant that:
- Your Content is lawful and does not infringe third-party rights.
- You have obtained all necessary consents and permissions for sending Messages.
- You will not use the Service for sending unsolicited commercial email (spam) or malicious content.
We may monitor, review, or block Messages to ensure compliance, but we have no obligation to do so.
You grant us a worldwide, non-exclusive, royalty-free license to process, transmit, and deliver Your Content as necessary to provide the Service.
6. Prohibited Uses
You may not:
- Use the Service for unlawful, harmful, or abusive purposes.
- Send spam, phishing, malware, or illegal content.
- Interfere with or disrupt the Service or servers.
- Attempt unauthorized access to the Service or others' accounts.
- Violate any applicable laws or regulations.
We reserve the right to suspend or terminate access for violations.
6A. Acceptable Use Policy
Your use of the Service is also governed by our Acceptable Use Policy ("AUP"), which is incorporated into these Terms by reference and sets out in detail what you may and may not send — including our requirements for recipient permission, our prohibition on cold outreach and purchased lists, prohibited content, and the bounce and complaint limits we enforce. A breach of the AUP is a breach of these Terms, and may result in your sending being paused or your account being suspended or terminated under Sections 4 and 11.
7. Subscriptions and Payments
Certain features require a paid subscription or credit purchase ("Subscription"). Subscriptions are billed in advance on a recurring basis, or pay-as-you-go for credit top-ups. You authorize us to charge your provided payment method.
We may change fees with notice; changes apply at the end of your current billing cycle. Fees are non-refundable except as required by law.
Free tiers (if offered) have usage limits and may be modified or discontinued at our discretion.
8. Intellectual Property
The Service and its original content (excluding Your Content) are owned by us or our licensors and protected by copyright, trademark, and other laws. You may not copy, modify, or distribute our materials without permission.
9. Disclaimer of Warranties
The Service is provided "as is" and "as available" without warranties of any kind, express or implied, including fitness guarantees. No promise of uninterrupted or error-free operation is made.
10. Limitation of Liability
We shall not be liable for indirect, incidental, special, consequential, or punitive damages arising from Service use. Our maximum aggregate liability is limited to the amounts paid by you to us in the preceding 12 months.
11. Termination
We may terminate or suspend your access at any time, with or without cause or notice. You may stop using the Service at any time. Upon termination, your right to use the Service ends immediately.
12. Governing Law
These Terms are governed by the laws of the State of Delaware, USA, without regard to conflict of law principles. Any disputes shall be resolved exclusively in the state or federal courts located in Delaware.
13. Miscellaneous
- These Terms constitute the entire agreement between you and us.
- If any provision is unenforceable, the remaining provisions remain in effect.
- Our failure to enforce a right does not constitute a waiver.
14. Contact Us
For questions, support, or notices, contact us at:
FluentCart Inc.131 Continental Dr, Suite 305
Newark, DE 19713, USA
support@tosend.com