Terms of Service

Acceptance of Terms

These Terms of Service ("Terms") govern your access to and use of jupsend ("jupsend," "we," "us," or "our"), including jupsend.com and our email campaign platform (the "Service").

By creating an account, accessing, or using the Service, you agree to these Terms and our Privacy Policy. If you are using the Service on behalf of an organization, you represent that you have authority to bind that organization.

If you do not agree to these Terms, do not use the Service.

Description of Service

jupsend provides tools to import contacts, personalize outreach, launch email campaigns, track engagement (opens, clicks, replies), and automate behavior-based follow-up sequences.

We may modify, suspend, or discontinue features at any time. We will make reasonable efforts to notify users of material changes that affect core functionality.

Accounts and Security

You must provide accurate registration information and keep your account credentials confidential. You are responsible for all activity under your account.

Notify us immediately at the contact address below if you suspect unauthorized access. We reserve the right to suspend accounts that appear compromised or used in violation of these Terms.

Acceptable Use

You agree not to use the Service to:

• Send unsolicited bulk email, spam, or messages without a lawful basis and valid consent where required.
• Harass, threaten, defame, or discriminate against any person or group.
• Distribute malware, phishing content, or fraudulent schemes.
• Violate CAN-SPAM, GDPR, CASL, or other applicable email, privacy, or marketing laws.
• Upload or transmit content that infringes intellectual property or other third-party rights.
• Scrape, probe, or interfere with the Service's infrastructure or security.
• Misrepresent your identity or the origin of your messages.
• Use purchased, rented, or scraped contact lists without proper permission.

Email Compliance

You are solely responsible for the content of emails you send through jupsend and for compliance with all laws governing commercial and marketing email in your jurisdiction and your recipients' jurisdictions.

Every marketing email must include a clear way to opt out, honor unsubscribe requests promptly, and identify the sender accurately. You must not falsify headers or use deceptive subject lines.

We may suspend or terminate accounts that generate excessive complaints, bounces, or spam reports, or that put deliverability at risk for other users.

Subscriptions and Billing

Paid plans, if offered, are billed according to the pricing and billing cycle displayed at signup or in your account. Fees are non-refundable except where required by law or explicitly stated otherwise.

You authorize us to charge your payment method for recurring subscriptions until you cancel. Cancellation takes effect at the end of the current billing period unless otherwise specified.

We may change pricing with reasonable notice. Continued use after a price change constitutes acceptance of the new rates.

Intellectual Property

jupsend and its licensors own all rights in the Service, including software, branding, documentation, and design. These Terms do not grant you any ownership rights in the Service.

You retain ownership of content you upload, including contact data and email copy. You grant jupsend a limited license to host, process, and transmit that content solely to provide the Service.

User Content and Feedback

You represent that you have the rights to upload and send all content you provide through the Service.

Feedback and suggestions you submit may be used by jupsend without obligation or compensation to you.

Privacy

Our collection and use of personal information is described in our Privacy Policy at https://jupsend.com/privacy. By using the Service, you consent to those practices.

Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

We do not guarantee specific deliverability rates, open rates, reply rates, or business outcomes from campaigns sent through the Service.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, JUPSEND AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, DATA, OR GOODWILL, ARISING FROM YOUR USE OF THE SERVICE.

OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF THESE TERMS OR THE SERVICE WILL NOT EXCEED THE AMOUNT YOU PAID TO JUPSEND IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR ONE HUNDRED U.S. DOLLARS ($100) IF YOU HAVE NOT PAID FEES.

Indemnification

You agree to indemnify and hold harmless jupsend from claims, damages, losses, and expenses (including reasonable legal fees) arising from your use of the Service, your email content, your contact lists, or your violation of these Terms or applicable law.

Termination

You may stop using the Service and close your account at any time. We may suspend or terminate your access if you violate these Terms, create legal or deliverability risk, or fail to pay applicable fees.

Upon termination, your right to use the Service ends. Provisions that by nature should survive (including intellectual property, disclaimers, limitation of liability, and indemnification) will survive termination.

Governing Law and Disputes

These Terms are governed by the laws of the State of Delaware, United States, without regard to conflict-of-law principles, except where mandatory consumer protection laws in your country of residence apply.

Disputes will be resolved in the state or federal courts located in Delaware, unless applicable law requires otherwise. You and jupsend agree to attempt good-faith resolution before initiating formal proceedings.

Changes to These Terms

We may update these Terms from time to time. We will post the revised version on this page and update the last revised date. Material changes may be communicated by email or in-app notice.

Continued use after changes take effect constitutes acceptance of the updated Terms.

Contact

Questions about these Terms? Contact us at legal@jupsend.com or visit https://jupsend.com.