Terms of Service

Welcome to SendForge. These Terms of Service ("Terms") govern your access to and use of the SendForge platform, website, APIs, and any related services (collectively, the "Service") provided by Nutrigen Sp. z o.o. ("SendForge," "we," "us," or "our"). By accessing or using the Service, you agree to be bound by these Terms. If you do not agree to these Terms, do not use the Service.

1. Acceptance of Terms

By creating an account, accessing, or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you are using the Service on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms, and "you" refers to both you individually and that organization.

We reserve the right to update or modify these Terms at any time. We will notify you of material changes by posting the updated Terms on our website or by sending you an email notification at least 30 days before the changes take effect. Your continued use of the Service after such changes constitutes your acceptance of the revised Terms.

2. Account Registration

To access the Service, you must create an account by providing accurate, current, and complete information. You are responsible for:

• Maintaining the confidentiality of your account credentials, including your password and any API keys
• All activities that occur under your account, whether or not authorized by you
• Notifying us immediately of any unauthorized access or security breach
• Ensuring that your account information remains accurate and up to date

You may not create an account using false or misleading information, or on behalf of someone other than yourself without their express permission. We reserve the right to suspend or terminate accounts that violate these requirements.

Each account may contain multiple projects. Projects provide isolated environments for managing contacts, campaigns, automations, and sending infrastructure. You are responsible for all activity across all projects within your account.

3. Acceptable Use

You agree to use the Service only for lawful purposes and in accordance with these Terms. You agree not to:

• Send unsolicited commercial email (spam), including messages to purchased, rented, or harvested email lists
• Send emails that violate the CAN-SPAM Act, GDPR, CASL, or any other applicable anti-spam or privacy legislation
• Transmit any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, obscene, or otherwise objectionable
• Impersonate any person or entity, or falsely state or misrepresent your affiliation with any person or entity
• Use the Service to distribute malware, phishing attempts, or any other harmful software or content
• Attempt to gain unauthorized access to any portion of the Service, other accounts, systems, or networks connected to the Service
• Interfere with or disrupt the integrity or performance of the Service or the data contained therein
• Use automated means (bots, scrapers, crawlers) to access the Service in a manner that exceeds reasonable use or circumvents rate limits
• Resell, sublicense, or redistribute the Service without our prior written consent
• Use the Service in any manner that could damage, disable, overburden, or impair the Service

We reserve the right to investigate and take appropriate action against anyone who, in our sole discretion, violates this provision, including without limitation removing offending content, suspending or terminating the account of such violators, and reporting the activity to law enforcement authorities.

4. Data Processing

SendForge acts as a data processor on your behalf. You remain the data controller for all contact data, email content, and campaign analytics processed through the Service. You are solely responsible for:

• Obtaining all necessary consents from your contacts before importing their data into the Service
• Complying with all applicable data protection laws, including GDPR, CCPA, and any other relevant privacy regulations
• Ensuring that all email content sent through the Service complies with applicable laws
• Responding to data subject requests (access, deletion, portability) in a timely manner

SendForge processes your data in accordance with our Privacy Policy and, where applicable, any Data Processing Agreement (DPA) executed between you and SendForge. We implement appropriate technical and organizational measures to protect personal data against unauthorized or unlawful processing, accidental loss, destruction, or damage.

When you connect your own sending infrastructure (Amazon SES, Mailgun, SendGrid, or SMTP servers), the credentials and configuration data are encrypted at rest and in transit. We do not access your sending infrastructure credentials except as necessary to facilitate email delivery on your behalf.

5. Payment Terms

Certain features of the Service require a paid subscription. By selecting a paid plan, you agree to pay the applicable fees as described on our pricing page at the time of purchase.

Our order process is conducted by our online reseller Paddle.com. Paddle.com is the Merchant of Record for all our orders. Paddle provides all customer service inquiries and handles returns.

• Billing Cycle: Subscriptions are billed in advance on a monthly or annual basis, depending on the plan you select. Annual plans are billed as a single upfront payment.
• Payment Method: You must provide a valid payment method (credit card, debit card, or other accepted method). You authorize us to charge your payment method for all fees incurred.
• Price Changes: We may change our pricing at any time. Price changes for existing subscribers will take effect at the start of the next billing cycle following 30 days' notice.
• Taxes: All fees are exclusive of applicable taxes (VAT, sales tax, etc.), which will be added to your invoice where required by law.
• Refunds: Your first payment for a paid plan is covered by a 14-day money-back guarantee. Renewal payments are not refunded except as required by law or for billing errors. If you cancel your subscription, you will retain access to the Service through the end of your current billing period. The details are in our Refund Policy.
• Late Payments: If payment fails, we will attempt to charge your payment method up to three additional times. If payment remains unsuccessful, we may suspend your access to the Service until the outstanding balance is settled.
• Free Tier: If you are using a free tier of the Service, we reserve the right to modify or discontinue the free tier at any time, with 30 days' prior notice.

SendForge does not charge per-email fees. Your subscription provides access to the platform and its features; email delivery costs are determined by your own sending infrastructure provider (Amazon SES, Mailgun, SendGrid, or your SMTP provider).

6. Intellectual Property

The Service, including its original content, features, functionality, design, and underlying technology, is and will remain the exclusive property of SendForge and its licensors. The Service is protected by copyright, trademark, trade secret, and other intellectual property laws.

You retain all rights to the data and content you upload or transmit through the Service. By using the Service, you grant SendForge a limited, non-exclusive license to process your data solely as necessary to provide the Service to you.

You may not copy, modify, distribute, sell, or lease any part of the Service, nor may you reverse-engineer or attempt to extract the source code of the Service, unless applicable law expressly permits such activity.

7. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SENDFORGE, ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

• Your access to or use of (or inability to access or use) the Service
• Any conduct or content of any third party on the Service
• Any content obtained from the Service
• Unauthorized access, use, or alteration of your transmissions or content
• Failures or delays in email delivery caused by your sending infrastructure providers
• Actions taken by email service providers (ISPs) that affect deliverability of your messages

IN NO EVENT SHALL SENDFORGE'S TOTAL AGGREGATE LIABILITY TO YOU EXCEED THE GREATER OF (A) THE AMOUNTS YOU HAVE PAID TO SENDFORGE IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100 USD).

Some jurisdictions do not allow the exclusion or limitation of certain damages. In such jurisdictions, our liability shall be limited to the maximum extent permitted by law.

8. Disclaimer of Warranties

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

SendForge does not warrant that the Service will be uninterrupted, secure, or error-free, that any defects will be corrected, or that the Service or servers that make the Service available are free of viruses or other harmful components. SendForge does not guarantee any specific email deliverability rates or sending performance, as these are dependent on your sending infrastructure, content, and recipient behavior.

9. Termination

You may terminate your account at any time by contacting us or using the account deletion feature in your account settings. Upon termination:

• Your right to access and use the Service will immediately cease
• We will retain your data for 30 days following termination, during which time you may request an export of your data
• After the 30-day retention period, we will permanently delete all your data from our systems, including contacts, campaigns, automations, analytics, and sending node configurations
• If you are on a paid plan, no refund will be issued for any remaining time in your billing period, except as provided in our Refund Policy

We may suspend or terminate your access to the Service immediately, without prior notice or liability, for any reason, including without limitation if you breach these Terms. Upon termination by us for cause, we may delete your data immediately without the 30-day retention period.

10. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Republic of Poland, without regard to its conflict of law provisions. You agree to submit to the exclusive jurisdiction of the courts located in Wroclaw, Poland.

Any dispute arising from or relating to these Terms or the Service shall first be attempted to be resolved through good-faith negotiation. If the dispute cannot be resolved through negotiation within 30 days, either party may submit the dispute to the competent court in Wroclaw, Poland.

For consumers residing in the European Union, this provision does not affect your rights under mandatory consumer protection laws of your country of residence.

11. Contact Us

If you have any questions about these Terms of Service, please contact us at:

• Email: [email protected]
• Operator: Nutrigen Sp. z o.o., ul. Tadeusza Kosciuszki 25/5, 50-011 Wroclaw, Poland
• KRS: 0000851334 · NIP: 8971881125 · REGON: 386589960