Terms and Conditions

Modified and Effective on December 22, 2022

USER AGREEMENT

END-USER LICENSE AGREEMENT FOR SENDYELLOW (hereinafter “The Product”)

This license agreement applies to https://sendyellow.io, a product of SendYellow Ltd. The Free plan cannot be used for any commercial or public use or redistribution under any circumstances. The features provided in the free plan are licensed for personal use and for testing use only. Only the features provided using a paid subscription are licensed to allow public and commercial purposes and/or redistribution.

IMPORTANT – READ CAREFULLY

Please read the following license agreement. You must agree to its terms before signing up, using, running or subscribing to The Product via the web user interface. This end-user license agreement (“EULA”) is a legal agreement between you (either an individual or a single entity) and SendYellow Ltd. which includes computer software, web, and mobile application, electronic documentation, and printed materials. The Product also includes any updates and supplements to the original version provided to you. By signing up or accessing The Product, you agree to be bound by the terms of this agreement. If you do not agree to the terms of this EULA, do not sign up, subscribe, access, integrate, run, or otherwise use The Product. The Product is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties.

LICENSE AND OTHER SERVICES

When subscribing to The Product, we hereby grant you a nonexclusive, non-sublicensable worldwide license to access and use The Product. Other than the rights expressly licensed hereunder to you, no other rights or interests whatsoever are granted. Without limiting the foregoing, you may not: (i) provide or share the username, the passwords and the access keys assigned to you with any third party; (ii) use The Product to perform any illegal activity or to perform any other action that may otherwise infringe upon third party rights; (iii) use The Product for any unlawful purpose (including, without limitations copyright infringement) or (iv) sell, rent, lease, sublicense or otherwise transfer your rights under this Agreement, The Product or portions of it. While we own or have a right to use the underlying technology of The Product, as the case may be, you own all of the content and information that is conveyed or transmitted via The Product (the “Content”). You further represent that you have all rights to distribute such Content, agree to do so solely for lawful purposes, and recognize that you shall be solely responsible for such Content. You expressly agree that you will not transmit or convey any Content that: (1) is defamatory, libelous, abusive, or obscene, including, without limitation, material that encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, federal, or international law; (2) infringes on the copyright or any other proprietary right of any third-party; (3) would invade the privacy of any other person; (4) contains a harmful program or component; or (5) is otherwise inappropriate or unlawful. You also expressly agree that you will not: (a) after receiving a warning, continue to convey or transmit Content which we have advised you not to convey or transmit; or (b) attempt to gain unauthorized access to restricted areas of the Web Site, other accounts, computer systems or networks connected to the Web Site, through password mining or any other means.

COPYRIGHT

All titles and copyrights in and to The Product (including, but not limited to, any images, photographs, animation, video, audio, music, text, and “applets,” incorporated into The Product), the accompanying printed materials, and any copies of the Product, are owned by SendYellow Ltd. The Product is protected by copyright laws and international treaty provisions. Therefore, you must treat The Product like any other copyrighted material.

DISCLAIMER OF WARRANTIES

Except for the limited warranty provided above, The Product is provided “as is.” SendYellow Ltd. and the third-party providers disclaim all other warranties, express or implied, including, but not limited to, the implied warranties of merchantability, fitness for particular purposes, and non-infringement. Without limitation of the foregoing, SendYellow Ltd. and the third-party providers do not warrant that: (a) The Product will be error-free, (b) your use of the Product will be uninterrupted or error-free, (c) the Product will meet your requirements, or (d) the Product will operate with the hardware or software configuration you choose.

YOUR SPECIFIC RIGHTS

Some jurisdictions do not allow the exclusion of damages or limitations of liability, so the above exclusions or limitations may not apply to you. Your specific rights may vary from jurisdiction to jurisdiction.

CUSTOMER REMEDIES

SendYellow Ltd. entire liability and your exclusive remedy shall not exceed the price paid for The Product. Any refund request must be in accordance with our Refund Policy.

NO LIABILITY FOR CONSEQUENTIAL DAMAGES

To the maximum extent permitted by applicable law, in no event shall SendYellow Ltd. or its suppliers be liable for any damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of or inability to use this product, even if SendYellow Ltd. has been advised of the possibility of such damages. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.

ABOUT THE SUBSCRIPTIONS

USER REGISTRATION

It may also be required for you to register on the website. You commit to keep your password private and accept responsibility for any and all account activity. If we decide, in our sole discretion, that the username you choose is improper, objectionable, or otherwise unacceptable, we have the right to remove, reclaim, or replace it. If you share your password, you will be responsible for the consumption that your account has.

FREE TRIAL

The product may offer a Free Trial for consumers to test the product. When accessing the Free Trial, the consumer has to register and enter their credit card information. At the end of the trial period, if the client didn't previously cancel the subscription, SendYellow Ltd. will bill the amount corresponding to the subscription on a recurring basis until the consumer unsubscribes. SendYellow Ltd. won't accept refund requests for this reason. It is important to clarify that the consumer will be able to access the Free Trial only once. The second time the consumer subscribes to the product, it won't be able to access more than one Free Trial. SendYellow Ltd. reserves the right to discontinue the Free Trial or modify the trial period. The trial period will be announced on the website at the time of subscription. The consumer acknowledges and accepts that during the trial period they will not be able to claim any type of refund or compensation from SendYellow Ltd.

The Free Trial cannot be used for any commercial or public use or redistribution under any circumstances. The features provided in the free trial are licensed for personal use and for testing use only. Only the features provided using a paid subscription are licensed to allow public and commercial purposes and/or redistribution.

SUBSCRIPTION PERIOD

Only a paid Subscription is required to access the Service or certain portions of the Service. Depending on the type of Subscription plan you choose when purchasing the Subscription, you will be invoiced in advance on a recurring and periodic basis (such as daily, weekly, monthly, or annually). Unless you or the company decide to terminate it, Your Subscription will automatically renew at the end of each period under the same terms.

FEES AND PAYMENT

The following are the payment methods we accept:

• Stripe (Visa, Mastercard, American Express, etc)
• Paypal

To access any of our paid subscriptions, you might need to make a purchase or pay a charge. For any purchases made through the Site, you promise to supply information that is up to date, complete, and accurate. In order for us to execute your transactions and get in touch with you as necessary, you also consent to immediately updating your account and payment information, including your email address, payment method, and credit card expiration date. For purchases made through the Site, we bill you using a web-based billing account. As required by us, sales tax will be charged to the cost of purchases and it will be additional to the prices shown in the pricing section. Prices are subject to change at any time. Every payment must be made in US dollars. You consent to paying all fees or charges at the rates in place at the time.

BILLING

You must give to SendYellow Ltd. complete and accurate billing information, including your full name, address, state, zip code, phone number, and information on a legitimate payment method. If for any reason automatic billing is unable to take place, SendYellow Ltd. will send you an electronic invoice informing you that you must manually make the entire payment corresponding to the billing period specified on the invoice by a specific deadline date. If you do not make the payment before the due date, SendYellow Ltd. will suspend access to the features and services included by the paid subscription and your account will revert to the free plan.

Refund Policy

Refunds are valid within 2 hours after the time of purchase and only apply to the first payment the product receives, as long as the consumer hasn't sent more emails or has a larger contact list than what's offered on the free plan. If, for any reason, the payment for the subscription is doubled, only requests for a refund of the doubled payment will be accepted within 72 hours after the payment is confirmed. Refund requests for duplicate payments made in months earlier than the current month won't be accepted. If the customer cancels its paid subscription on the website and, for any reason, the subscription cannot be canceled automatically in its Stripe or Paypal account, claims will only be accepted within 72 hours of the cancellation made on the website. After this period, claims for refunds will not be accepted. If we determine that you are eligible for a refund, we will refund the full purchase price of your subscription. Please note that any third-party fees associated with your purchase, such as credit card processing fees, may not be refunded. Refunds will be processed within 14 business days of our approval. Please note that our refund policy only applies to new customers who have purchased a subscription to our product. If you have previously received a refund for our product, you will not be eligible for another refund. Please understand that our refund policy is final, and we reserve the right to modify it at any time without notice. To request a refund, the customer can send an email to us at hello[@]sendyellow.io with their purchase information and explain why. The Customer Service team will analyze the claim and return a response. In the event that the refund request is accepted, we will issue refunds to the original payment method used to make the purchase.

CANCELLATION POLICY

To cancel your subscription you have to delete previously your contact list. You can cancel your subscription at any time by logging into your web account. Your cancellation will be effective immediately, and any unused credits and other features will not be refunded. Nor will a refund or credit note be made for unused days. If you are having difficulty canceling your paid subscription via the website, please send an email to hello[@]sendyellow.io from the email address you used to register your account. We will not accept a cancellation request from an email account different from the one used to register your account. Sending the email with the cancellation request does not mean that your account will be automatically canceled. You must wait for instructions or confirmation from our customer support team.

PROHIBITED CONTENT

The use of SendYellow Services, resulting from the subscription to said Services, is strictly personal and may not be rented or transferred to a third party, either free of charge or for a fee. In the absence of prior authorization, the use of SendYellow is limited to only one account per User.

Any attempt to access the Services without authorization, including hacking or any other method, is strictly prohibited. Likewise, any use of the Services that could damage, disable, or overload SendYellow's infrastructure or networks connected to SendYellow’s servers, or interfere with other Users' enjoyment of the Services, is also prohibited.

The use of the Services for selling products or services related to illegal or fraudulent activities, or for encouraging such activities, is strictly forbidden. This includes but is not limited to, activities related to illegal drugs, hacking programs, instructions for assembling or creating bombs, grenades, or other weapons, and materials containing violence against children or promoting violence.

Using the Services in violation of applicable rules related to telemarketing, email marketing, anti-spam, anti-phishing, or personal data protection, or in contradiction with the anti-spam policy and/or the privacy policy, is not allowed.

Any use of the Services that infringes upon the rights of third parties is strictly prohibited.

SendYellow reserves the right to refuse or limit service to accounts that do not comply with its General Conditions of Use or with laws regulating communications companies or accounts distributing unwanted communications.

The following topics are prohibited on the SendYellow platform:

1. Exchange of currencies, fraudulent shares, and stock market transactions
2. Home job offers making “get rich fast” promises, financial packages, and pyramid schemes
3. Sexually explicit pornography or e-commerce
4. Remedies for erectile problems
5. Hiring solicitation
6. Lists of a political character (consular, government lists, etc.) containing addresses of individuals who have not given their explicit consent to receive communications from an identified advertiser. The fact that an email address was given to a Consulate or Embassy shall not be considered as proof of an undertaking to opt-in.
7. Initial Coin Offering (ICO)
8. Illegal goods or services.
9. Emails that violate the CAN-SPAM act or other anti-spam laws.
10. Campaigns promoting or supporting terrorism or violent extremism.

Accounts with the following activities will only be validated under certain conditions:

1. Gambling and other money games
2. Dating services
3. Communications to contacts acquired from social networks like LinkedIn and Viadeo

ACCOUNT BLOCKING

When creating your account, you agree to comply with the following terms and conditions. Also not following the next mentioned policies will be considered as an account blocking reason:

• Bounce Rate: The user account will be blocked if the bounce rate is equal to or higher than 7% of the total sent emails.
• Spam and Complaint rate: The user account will be blocked if the Spam and Complaint rate is equal to or higher than 0.10% of the total sent emails.
• Unsubscribe rate: The user account will be blocked if the Unsubscribe rate is equal to or higher than 10% of the total sent emails.
• Prohibited content: The user account will be blocked if we detect any prohibited content in this Terms and Conditions.

IMPORTANT:

If you have been blocked for any of the reasons mentioned above, you will not be able to request any type of refund for the payment of the subscription month where the blocking occurred.
Also, if you are blocked, your subscription will not be canceled automatically. You will need to cancel your active subscription manually. If future charges are made to your payment method, those charges will also not be refundable.

OPT-IN FUNCTION

The opt-in function is a feature that enables recipients to voluntarily subscribe or provide their consent to receive emails from a specific sender or organization. It plays a crucial role in establishing a permission-based email list and ensuring compliance with email marketing regulations.

At SendYellow, we highly recommend utilizing the opt-in function to enhance the effectiveness of your email campaigns. While it is currently an optional feature, please note the following:

• Complaints and Compliance: In the event that SendYellow receives complaints from recipients or email servers regarding campaigns sent by a user, SendYellow reserves the right to require the mandatory use of the opt-in function. This measure aims to ensure that email communications are consensual and compliant with industry regulations.
• Refund Policy: If a user decides not to comply with the requirement of utilizing the opt-in function when it is mandated due to complaints or compliance concerns, SendYellow will not accept refund requests.

SERVICE SUPPORT

Standard support services are included for all product plans Monday - Friday from 8 am to 5 pm EST via chat or email. If you require a more advanced level of support, you can contact us to acquire an Enterprise Plan.

SERVICE LEVEL AGREEMENT

SendYellow Ltd. and its dedicated support team work hard to provide high-quality service that meets the needs of even the most demanding customers. This is why all of its infrastructure is hosted in the cloud with top-of-the-line services that include backup and redundancy. In addition, all our services are monitored by an Operations Center capable of quickly identifying any type of failure and executing the planned contingency plans. Despite all such efforts, you acknowledge that The Product may not be accessible for any reason related or not to SendYellow Ltd. and that refund requests related to service downtime will not be honored. If you need a custom service level agreement, please contact us to purchase an Enterprise Plan that meets your specific requirements.

LIST OF CONTACTS

The product allows you to upload a list of contacts. Depending on the plan, it is allowed to upload one or more lists of contacts and the total number of contacts depends on each plan.
The contacts are the sum of subscribers and unsubscribers.
The number of contacts permitted in each plan is the sum total of contacts from all lists.

When you delete contacts from your contact list, the server may take time to make the deletion effective. It is possible that when you want to upload new contacts the system tells you that you have reached the limit of contacts. In this case, you must wait between 1 and 2 hours for the deletion to take effect.

EMAILS

Each plan has a maximum number of emails to send per month.

The same campaign sent to N contacts will be counted as N emails sent.

The user may not exceed the number of emails sent per month according to the subscribed plan.

USAGE LIMITS

The extent of your usage of The Product is dependent on your subscription plan. You shall not exceed the usage limits associated with your account. Unused amounts of emails sent will not carry over from one monthly period to the next. If you exceed your monthly usage limit.
The Product will return an error message indicating that your monthly usage limit has been reached and no more email can be sent within the current monthly window. It is your sole responsibility to ensure that your application(s) properly detect and handle any returned error messages. SendYellow Ltd. will make reasonable efforts to help you identify and resolve usage problems, or to review the suitability of your current subscription plan for your needs. SendYellow Ltd. reserves the right to limit or throttle the number of network calls available to Your application(s) if SendYellow Ltd. (in its sole discretion) believes that such calls are being made for malicious reasons, or as the result of a technical error.

RIGHT TO CHANGE CONTENT OF FORMAT

You acknowledge that SendYellow Ltd. may from time to time, and in its sole discretion, update or change the content or format of The Product data. SendYellow Ltd. shall strive to provide reasonable advance notification of such changes; however, from time to time sudden changes may be required, and since SendYellow Ltd. strives to accurately reflect these and adjust to these changes, significant advance notice is not always possible. You may be required to use the most recent version of The Product in order to ensure functionality of your application(s) with The Product.

FORCE MAJEURE

SendYellow Ltd. shall have no liability to the Customer under the Contract if it is prevented from or delayed in performing its obligations under the Contract, or from carrying on its business, by acts, events, omissions or accidents beyond its reasonable control, including, without limitation, strikes, lock-outs or other industrial disputes (whether involving the workforce of SendYellow Ltd. or any other party), failure of a utility service or transport or telecommunications network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of SendYellow Ltd. or sub-contractors, provided that the Customer is notified of such an event and its expected duration.

PUBLICITY

By creating an account on The Product, you agree that SendYellow Ltd. may include the name and its trademarks in a list of customers for promotional purposes. Your name or your trademarks may be used in press releases, on the website, in newsletters, in business presentations with other prospects, and in any other promotional material that SendYellow Ltd. deems necessary. You may opt out of the provisions of this section by contacting SendYellow Ltd. and expressly requesting not to use its name or trademark for promotional purposes.