Terms of Service
Last updated: [EFFECTIVE DATE]
These Terms of Service (“Terms”) govern your access to and use of BetterSend, operated by [LEGAL ENTITY NAME](“BetterSend,” “we,” “us”). By creating an account or using the service, you agree to these Terms. If you don't agree, don't use BetterSend.
1. The Service
BetterSend is an email campaign platform that lets you import contacts, build templates, and send campaigns from your own verified sending domain or, optionally, your own connected Gmail account. We may add, change, or remove features over time.
2. Your Account
You're responsible for keeping your login credentials secure and for all activity under your account. You must provide accurate account information and be at least 18 years old (or the age of majority in your jurisdiction) to use BetterSend.
3. Acceptable Use & Anti-Spam
BetterSend is built for permission-based email. You agree that, for every campaign you send, you will:
- Email only recipients who have given you a legitimate basis or consent to contact them — no purchased, rented, scraped, or harvested lists.
- Comply with all applicable anti-spam and privacy laws, including the U.S. CAN-SPAM Act and Canada's CASL — accurate “from” and subject lines, accurate sender identification, and a valid physical postal address in every message.
- Honor unsubscribe requests promptly. BetterSend includes a mandatory one-click unsubscribe link and physical address on every send and automatically suppresses unsubscribed, bounced, and complained addresses — you may not attempt to circumvent, remove, or defeat these controls.
- Not use BetterSend to send unlawful, deceptive, harassing, or harmful content, or to send to recipients who have unsubscribed or been suppressed.
You are solely responsible for your contact lists, your consent basis, and the content of your campaigns.
4. Suspension & Termination for Abuse
We may suspend or terminate your account, and remove content, if we reasonably believe you have violated these Terms — including the anti-spam requirements in Section 3 — or if your sending generates excessive spam complaints, bounces, or abuse reports that threaten the deliverability and reputation of the platform. Where practical we'll give notice, but abuse that puts other senders or recipients at risk may be acted on immediately. You may stop using BetterSend and delete your account at any time.
5. Pricing & Our Grandfathering Promise
Paid plans are billed on the size of your contact list, not per send or per seat, and are charged in advance on a recurring basis. We never charge you for contacts who have unsubscribed or bounced.
Grandfathering promise: your price only changes if your contact count crosses into a higher tier — never because we repriced our plans. If we raise list prices, existing subscribers keep the price they signed up at for as long as their subscription remains continuously active. Founding-partner discounts, where offered, remain locked for as long as the subscription stays continuously active.
If your contact count grows past your current tier, your plan may move to the appropriate tier. Fees are non-refundable except where required by law. Taxes may apply.
6. Your Content & Data
You retain all rights to the contacts, templates, and campaign content you bring to BetterSend. You grant us the limited license needed to host, process, and transmit that content solely to provide the service. Our handling of personal data is described in our Privacy Policy.
7. Third-Party Services
BetterSend relies on third-party providers (including email infrastructure, hosting, payment processing, and — if you connect it — Google) to deliver the service. Your use of those integrations may also be subject to their terms. We're not responsible for third-party services outside our control.
8. Disclaimers
BetterSend is provided “as is” and “as available,” without warranties of any kind, whether express or implied, including merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the service will be uninterrupted or error-free, or that any particular email will be delivered, inboxed, or opened — deliverability depends on factors outside our control, including your list quality, content, and sending reputation.
9. Limitation of Liability
To the maximum extent permitted by law, BetterSend and its suppliers will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for lost profits, revenue, data, or goodwill. Our total liability for any claim arising out of or relating to these Terms or the service will not exceed the amount you paid us for the service in the twelve months before the event giving rise to the claim.
These Terms are governed by the laws of [GOVERNING LAW / JURISDICTION], without regard to conflict-of-laws rules.
10. Changes & Contact
We may update these Terms from time to time; material changes will be communicated to account holders, and continued use after an update means you accept the revised Terms. Questions about these Terms? Contact us at hello@bettersend.ai, BetterSend, [PHYSICAL MAILING ADDRESS].