Terms of Service

These Terms of Service ("Terms") govern access to and use of the services provided by Sendstage ("Sendstage," "we," "our," or "us"), including but not limited to sending email, SMS, push notifications, and postal mail (collectively, the "Services"). By using the Services, you agree to these Terms. If you do not agree to these Terms, you may not use the Services.

Eligibility

Users must be at least 18 years old and capable of entering into legally binding agreements to use the Services. By using the Services, you represent and warrant that these eligibility requirements are met.

Account Registration

To access the Services, an account is required. Users are responsible for maintaining the confidentiality of account credentials and for all activities conducted under their accounts. Any unauthorized use of an account must be reported to us immediately.

Use of Services

The Services must be used in compliance with all applicable laws, regulations, and these Terms. Prohibited activities include, but are not limited to:

• Sending spam or unauthorized communications.
• Using the Services for fraudulent or illegal purposes.
• Interfering with the normal functioning of the Services.
• Violating the rights of others, including intellectual property rights.

Payment and Billing

By using the platform, users agree to provide accurate and complete payment information. Charges will recur based on the selected plan billing cycle (monthly or annual). In addition to the plan, accounts operate on a pay-as-you-go basis, with charges applied when account usage reaches a set threshold. This threshold is assessed internally based on factors including, but not limited to, sending volume, account history, and risk level. Users are responsible for all usage on their accounts. Failure to pay may result in suspension or termination of Services.

Termination

This agreement may be terminated by either party at any time. To cancel, users must contact our support team (support@sendstage.com) or click "Cancel My Account" in the account settings. Upon termination, access to the Services will cease, and any outstanding payments must be settled immediately. We additionally reserve the right to suspend or terminate access to the Services at our discretion, including in cases of suspected violations of these Terms. Following termination, all use of the Services must stop. Certain provisions, including but not limited to Limitation of Liability, Indemnification, and the Arbitration Agreement, will survive termination.

Limitation of Liability

To the fullest extent permitted by law, Sendstage's total liability for any claims arising from or related to these Terms or the Services is limited to the amount paid during the most recent billing cycle (monthly or annual, as applicable). Sendstage is not liable for indirect, incidental, punitive, or consequential damages under any circumstances.

No Guarantee of Delivery or Performance

Sendstage does not guarantee the successful delivery of any message, including email, SMS, push notifications, or postal mail. Delivery may be impacted by third-party providers, user actions, or unforeseen circumstances.

Force Majeure

Sendstage is not liable for failure to perform due to circumstances beyond its control, including but not limited to natural disasters, power outages, cyberattacks, or government actions.

Indemnification

Users agree to indemnify and hold Sendstage harmless from any claims, damages, liabilities, costs, or expenses (including reasonable attorney fees) arising out of or related to their use of the Services, violation of these Terms, or infringement of any third-party rights.

Intellectual Property Ownership

Sendstage retains all rights, title, and interest in its platform, software, and trademarks. Users are granted a limited, non-transferable license to use the platform under these Terms.

Compliance with Local Laws

Users must ensure compliance with all local, national, and international laws when using the Services. Sendstage is not responsible for user violations of applicable laws.

Prohibited Content and Use

Users are solely responsible for the content they send through the Services and must ensure compliance with all applicable laws, including anti-spam laws and data protection regulations. Sendstage reserves the right to review, block, or remove content that violates these Terms or applicable laws.

Data Security Disclaimer

Sendstage implements reasonable measures to secure user data but cannot guarantee absolute security. Users are encouraged to take appropriate measures to protect their accounts and data.

Third-Party Services

Sendstage is not responsible for the actions or failures of third-party providers used to deliver the Services, such as postal services, internet service providers (ISPs), or telecommunication providers.

Arbitration Agreement

By agreeing to these Terms, all disputes must be resolved through binding arbitration, rather than in court. This includes:

• No Court Trials or Class Actions: Users waive the right to a jury trial or participation in class action lawsuits.
• Arbitration Rules: Arbitrations will be conducted by a neutral arbitrator under the rules of the American Arbitration Association (AAA).
• Location: Arbitration will occur in Florida, United States.
• Costs: Each party will bear its own costs unless otherwise directed by the arbitrator or applicable law.

Governing Law

These Terms and any use of the Services are governed by and construed under the laws of the State of Florida, United States, without regard to conflict of law principles.

Changes to These Terms

These Terms may be updated periodically. Material changes will be communicated by posting updated Terms on our website and, if necessary, providing additional notification. Continued use of the Services after changes take effect constitutes acceptance of the updated Terms.

Privacy Policy

Users' use of the Services is also governed by Sendstage's Privacy Policy, which explains how data is collected, used, and stored. The Privacy Policy is incorporated by reference into these Terms.

Contact Information

For questions regarding these Terms, please contact us at support@sendstage.com.