1.Who can use Email Sender
You must be at least 18 and use the service for business or professional purposes, not personal or household use. You may not use it if you are barred by law, if you are in or acting for a country or person under United States sanctions, or if we have closed your account before.
2.Accounts, applications and your team
Access is by application. We can approve or decline any application, and we can ask for more information at any time. Give accurate information, keep it up to date, keep your login and API keys private and tell us right away at shawn@emailsender.app if you think your account was misused.
You are responsible for everything done through your workspace, including by teammates you invite, and for giving each person the right role. We may create demo, review or test accounts with limits or waived billing; they are only for their stated purpose.
3.Your connected accounts
Only connect Gmail, Google Workspace, calendar, phone and chat accounts that you own or are authorized to use. When you connect an account you authorize us to sign in to it and act for you as described in our privacy notice: send the email you approve, read and sync mail, archive conversations you ask us to, and add, change or cancel booked events.
Google, Sendblue, Meta, Telegram, Discord, Slack and other providers set their own rules and limits and can suspend your accounts with them. You must follow their terms. We are not responsible for what those providers do, including suspensions or lost access.
4.Acceptable use and sending rules
These rules exist to protect the people you contact, our other customers and everyone's sending reputation. You must:
- Follow every law that applies to your messages and data, including CAN-SPAM, the TCPA, Canada's anti-spam law (CASL), the GDPR and ePrivacy rules, the UK GDPR and PECR, and state privacy and telemarketing laws.
- Follow Google's Gmail Program Policies and email sender guidelines, and the rules of any other provider you connect.
- Only contact people you have a lawful basis to contact. A published business email address, a prospect score or a match from our search is not consent and does not by itself make an email lawful.
- Identify yourself honestly. Use accurate from names, subject lines and headers, and include a valid physical postal address in commercial email.
- Give every commercial email a working way to opt out and honor opt-outs promptly (and always within 10 business days). If you use the personal email format, which has no unsubscribe link, you are responsible for making sure the law allows that and for stopping when anyone asks.
- Keep suppression records and never email or text someone who opted out, including from another account or workspace.
- Get any consent the law requires before texting, including prior express written consent for marketing texts, and only text at reasonable hours in the recipient's time zone.
You must not:
- Send spam, bulk unsolicited messages, or mail to purchased, rented, traded or harvested lists (prospects you find with Email Sender and contact lawfully are allowed).
- Send phishing, malware, deceptive or misleading content, impersonate anyone, or hide where a message comes from.
- Promote anything illegal, or send content that is harassing, hateful, threatening, sexually explicit, or that infringes someone else's rights.
- Connect extra mailboxes, rotate accounts or domains, or change content to get around our limits, Google's limits, spam filters, suspensions or repeat-contact safeguards.
- Keep sending when bounce, complaint or spam rates are high. We may pause sending to protect your accounts and the network.
- Use prospect data to decide anyone's eligibility for credit, employment, insurance, housing or similar purposes, or to build or sell a contact database.
- Resell, sublicense or share access to the service without our written agreement, or use it to build a competing product.
- Scrape, copy, reverse engineer, overload, probe or break into the service or another customer's data, or get around access controls or rate limits.
5.Prospect data
Prospect results come from public sources such as YouTube, podcast directories, maps and business websites, scored by our systems and AI. We give you a limited right to use the results for your own business outreach while you are a customer. You may not resell or publish them.
Results can be out of date or wrong, including email addresses, names, countries and fit. Check them before you rely on them. When a person asks to be removed, remove them and tell us if they ask us too. Saving a prospect never sends anything on its own.
6.AI features
Some features use AI, including prospect scoring, search suggestions, reply sorting, writing review, sending advice and Luna. AI output can be wrong, incomplete or unsuitable, and similar requests can get different answers. You are responsible for reviewing it before you use or send it. As between you and us, you own the content you create with these features.
7.Texting, chat, meetings and the API
Texting is available only when we turn it on for your workspace, is limited per day, and stops automatically when someone replies STOP. You are responsible for consent and content. Carrier rules apply and messages can be delayed or blocked.
Chat and connected apps. You must have the right to import, store and share any conversation you bring in, including from Discord, WhatsApp, Telegram and Slack, and you must follow those apps' terms.
Meetings. When someone books through your page, we create the event on your calendar and Google sends invitations and updates to the guests. Booking reminder and follow-up emails are sent from your account and are your messages.
API and webhooks. Keep keys and signing secrets private, stay within rate limits and protect the data you receive. We can change or rate-limit the API and revoke keys that are misused.
8.Your content and data
You keep ownership of the content and data you put into the service. You give us a worldwide, non-exclusive license to host, copy, process, transmit and display it only to provide, secure and support the service for you, and to act as described in our privacy notice.
You are responsible for your content, for having the rights and lawful basis to collect and use your contacts' information, and for giving any notices and getting any consents the law requires, including for open and click tracking. For personal data you control, we act as your processor, and our data processing agreement is available on request. If you send us feedback, we may use it without owing you anything.
9.Our service and property
We own the service, the software, the extension, our prospect database and everything we provide, except your content. While you follow these terms we give you a limited, non-exclusive, non-transferable right to use the service for your business. We may change, add or remove features. Features marked beta or early access may be incomplete and can change or end at any time.
10.Plans, billing and cancellation
The price of your plan (Basic, Pro, Scale), monthly or yearly, is the one shown in the app and on your checkout page before you pay, unless a written agreement says otherwise. Each plan includes monthly limits on emails sent and prospects found, shown on our website and in the app. When a limit is reached, sending and searching pause until the next month starts or your plan changes. Prices do not include taxes, which you pay where they apply.
Subscriptions renew automatically at the end of each period and are charged to your payment method until you cancel. Cancel any time in Billing or by emailing shawn@emailsender.app; cancelling stops the next renewal and you keep access until the end of the period you paid for. Payments are not refundable, including for partial periods or unused features, except where the law requires a refund or we agree in writing.
We will give you at least 30 days' notice before a price change applies to your plan. If a payment fails we may pause sending or limit the service until it is paid. If you dispute a charge with your bank instead of contacting us first, we may suspend the account while it is reviewed.
11.The email rewrite service
The email rewrite is a separate one-time service. We review each request before we ask for payment, and the price, deliverables and call booking are shown before you pay. Submit only material you have the right to share. Once we have delivered the rewrite or held the call, the fee is not refundable. You may use the rewritten email for your own business.
12.Suspension and termination
We may pause campaigns, limit features, suspend or close your account, with or without notice, if we reasonably believe you broke these terms or the law, if your sending causes complaints, high bounce or spam rates or a risk to other customers or providers, if a provider restricts your accounts, if you do not pay, or if we must for legal or security reasons. Where it is reasonable we will tell you why and give you a chance to fix the problem.
You can stop using the service at any time by cancelling your plan and deleting your workspace. When access ends, your right to use the service stops and we handle your data as our privacy notice describes. Export anything you need first. Sections that by their nature should survive (including fees owed, your content responsibilities, disclaimers, limits of liability, indemnity and disputes) continue after the agreement ends.
13.Disclaimers
The service is provided "as is" and "as available". To the fullest extent the law allows, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, accuracy and non-infringement. We do not promise that the service will be uninterrupted or error free, that email will be delivered or land in the inbox, that Google or another provider will not limit your accounts, that prospect data or AI output is accurate, or that you will get replies, meetings, sales or any other result. Sending-health scores are our estimates, not Google's.
14.Limits of liability
To the fullest extent the law allows, shkeffy LLC and its owners, employees and contractors will not be liable for any indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue, data, goodwill or business opportunities, even if we were told they were possible. Our total liability for all claims about the service is limited to the greater of the fees you paid us in the three months before the event that caused the claim, or US$100. Some places do not allow these limits, so they apply only as far as the law permits.
15.Your responsibility for claims
You will defend and indemnify shkeffy LLC and its owners, employees and contractors against any claims, fines, penalties, damages, losses and costs (including reasonable legal fees) that come from the messages and texts you send, your content and data, the accounts you connect, your use of prospect data, your breach of these terms, or your violation of any law or anyone's rights, including anti-spam, telemarketing and privacy laws.
16.Disputes and arbitration
Please email shawn@emailsender.app first; most problems can be solved that way. If we cannot resolve a dispute within 30 days, you and we agree to resolve it by binding individual arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, instead of in court. Either side can bring a qualifying claim in small claims court, and either side can ask a court to stop infringement or misuse of intellectual property or the service.
Claims may only be brought individually, not as a plaintiff or class member in any class, collective or representative action, and the arbitrator cannot combine claims of different customers. You can opt out of arbitration by emailing shawn@emailsender.app within 30 days of first accepting these terms, with your name, account email and a clear statement that you opt out.
These terms are governed by the laws of the State of New Mexico and by United States federal law, without regard to conflict-of-law rules. Arbitration hearings will be held by video or, if one is needed in person, in New Mexico. Any court proceedings allowed by these terms will be held in the state or federal courts located in Bernalillo County, New Mexico, and both sides agree to their jurisdiction.
17.General terms
We may update these terms. We will post the new version here with a new date, and tell account owners about significant changes by email or in the app before they take effect. If you keep using the service after that, you accept the new terms.
These terms, the privacy notice and any order form or written agreement with us are the whole agreement between us about the service. If a part is found unenforceable, the rest still applies. Not enforcing a right is not a waiver of it. You may not transfer these terms without our consent; we may transfer them with our business. Neither side is responsible for delays caused by events outside its reasonable control. You agree to receive notices from us by email and in the app. To report content that infringes your copyright or any other abuse, email shawn@emailsender.app.
Contact: shawn@emailsender.app, or write to shkeffy LLC, 1209 Mountain Road Pl NE, Ste H, Albuquerque, NM 87110, United States.