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.
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.
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.
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.
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.
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.
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:
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.
You may not:
We reserve the right to suspend or terminate access for violations.
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.
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.
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.
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.
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.
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.
For questions, support, or notices, contact us at:
FluentCart Inc.