SendApp : Terms & Condition

Terms & Condition

  • Terms of Use

    Thank you for using SendApp. This is a legal agreement. Let’s start with the basics, including a few definitions that should help you understand this agreement. SendApp is an email service offered through the URL sendapp.kcysoft.com (“Website”) that allows you to manage contacts, create, send, and manage email newsletters to recipients.

    SendApp is developed and owned by Kcysoft Communication. SendApp has employees, contractors, and representatives (“Team”). As a customer of the Service, or a representative of an entity that is a customer of the Service, you’re a “User” according to this agreement (or “you”). These Terms of Use define the terms and conditions under which you’re allowed to use SendApp, and how we’ll treat your account while you’re a User. If you have any questions about our terms, feel free to contact us.

    This agreement is in effect as of January 1, 2017.

    Account


    1. Eligibility
    In order to use SendApp, you must:
    • complete the registration process;
    • and agree to the Terms.
    By using SendApp, you represent and warrant that you meet all the requirements listed above, and that you won’t use SendApp in a way that violates any laws or regulations. (Representing and warranting is like making a legally enforceable promise.) SendApp may refuse service, close accounts of any users, and change eligibility requirements at any time.

    2. Term
    The Term begins when you sign up for SendApp and continues as long as you use the Service. Entering you signup detail and clicking the register button means that you’ve officially “signed” the Terms. If you sign up for SendApp on behalf of other entity (Company, Friend, any person, or a group of persons), you represent and warrant that you have the authority to accept these Terms on their behalf.

    3. Termination/Suspension of Use
    You agree that we may, at our sole discretion, suspend or terminate your access to all or part of our website and Resources with or without notice and for any reason, including, without limitation, breach of this User Agreement. Any suspected illegal, fraudulent or abusive activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities. SendApp hold the right to suspend your account or your campaign if the complaint rate is less than 1 or the bounce rate is more than 15%. Upon suspension or termination, your right to use the Resources we provide (Sending of email) will immediately cease, and we reserve the right to remove or delete any information that you may have on file with us, including any account or login information.

    4. Anti-Spam/Complaint Measures
    SendApp reserve the right to take any and all measures it deems necessary or appropriate in its sole discretion to prevent the Services from being used to send unsolicited email (i.e. “spam”) and to address complaints by third parties regarding the sending of such email. Without limitation, you agree that SendApp may in its sole discretion suspend or cancel your account if it suspects that your account is being used to send unsolicited email.

    4.1. Complaint Thresholds
    What is a "Complaint" ? A "Complaint" is also known as an "Abuse Report" is when a recipient marks an email as "Spam" or "Junk", effectively moving the email from their inbox to their Spam/Junk folder. Or when a recipient Unsubscribes and in the process confirms that they "did not ask to receive this email".
    Both events are tracked as a Complaint and will register on your account as such.

    5. Changes
    We reserve the right to change this User Agreement from time to time without notice. You acknowledge and agree that it is your responsibility to review this User Agreement periodically to familiarize yourself with any modifications. Your continued use of this site after such modifications will constitute acknowledgment and agreement of the modified terms and conditions.

    6. Account and Password
    You are responsible for keeping your account name and password confidential. You are also responsible for any account that you have access to, whether or not you authorized the use. You will immediately notify us of any unauthorized use of your accounts. We are not responsible for any losses due to stolen or hacked passwords. We do not have access to your current password, and for security reasons, we may only reset your password.

    7. Cancellation Request
    The account holder will have to send request in order to cancel his/her subscription prior to the date of payment if you are the type of user that subscribe for any of our packages. You can contact us via email on billing@kcysoft.com. Note: No refunds will be provided if the user has not requested for cancellation prior to the date of payment.

    Payment

    8. Credit Cards
    As long as you’re a User or have an outstanding balance with us, you’ll provide us with valid credit card information and authorize us to deduct the monthly charges against that credit card. You’ll replace the information for any credit card that expires with information for a valid one. Anyone using a credit card represents and warrants that they are authorized to use that credit card, and that any and all charges may be billed to that credit card and won’t be rejected. If we’re unable to process your credit card order after some retries, we’ll try to contact you by email and suspend your account until your payment can be processed.

    9. Refunds
    We’ll give you a refund for a month if we stop providing our Services to you for a reason that’s not laid out in these Terms or our Acceptable Use Policy. You won’t be entitled to a refund from us under any other circumstances. NO REFUND WOULD BE GIVEN IF :
    • Your SendApp account is suspended because of spamming or other related issue.
    • You do not follow our Terms & Condition.
    • You do not request for cancellation of your account prior to the date of payment.
    • Emails or SMSs have been send using SendApp.
    Note: Monthly fees will be charged even if your account was not used to send emails until user notifies us through mail.

    Rights

    10. Right to Review Email Campaigns
    We may view, copy, and internally distribute content from your Emails and account to create algorithms and programs (“Tools”) that help us spot problem accounts. We use these Tools to find Users who violate these Terms or laws. For example, we study data internally to make our Email & SMS Project smarter and create better experiences for senders and subscribers.

    11. Copyrights/Trademarks
    All content and materials available on https://sendapp.kcysoft.com not limited to text, graphics, website name, code, images and logos are the intellectual property of SendApp, and are protected by applicable copyright and trademark law. Any inappropriate use, including but not limited to the reproduction, distribution, display or transmission of any content on this site is strictly prohibited, unless specifically authorized by SendApp.

    RULES AND ABUSE

    12. General Rules
    You promise to follow these rules:
    1. You won’t send Spam! By “spam,” we mean the definition on the Spamhaus website.
    2. You won’t use purchased, rented, or third-party lists of email addresses.
    3. You won’t violate our Acceptable Use Policy, which is part of this Agreement.

    SendApp does not allow accounts with the primary purpose of promoting or inciting harm towards others or the promotion of discriminatory, hateful, or harassing content. To this end, we may suspend or terminate your account if you send an email campaign, submit an advertisement or otherwise distribute any content that we determine, in our sole discretion, contains either of the following:
    • A Threat of Physical Harm. This means any statement, photograph, advertisement, or other content that in our sole judgment could be reasonably perceived to threaten, advocate, or incite physical harm to or violence against others.
    • Hateful Content. This means any statement, image, photograph, advertisement, or other content that in our sole judgment could be reasonably perceived to harm, threaten, promote the harassment of, promote the intimidation of, promote the abuse of, or promote discrimination against others based solely on race, ethnicity, national origin, sexual orientation, gender, gender identity, religious affiliation, age, disability, disease, or immigration status.
    • Prohibited Use. You may not use SendApp to send email campaigns that link to or display pornography, other sexually explicit content, illegal goods or services, content that promotes, encourages, or engages in terrorism or violence, pyramid schemes, chain letters, multi-level marketing campaigns, network marketing materials, or any other content we deem inappropriate. You may not exploit SendApp service agreement by systematically uploading, sending, deleting, then replacing contacts in order to send to more unique email addresses than you’re permitted for your service level.

    We also may suspend or terminate your account if we determine, in our sole discretion, that you are either:
    • An organization which has publicly stated or acknowledged that its goals, objectives, positions, or founding tenets include statements or principles that could be reasonably perceived to advocate, encourage, or sponsor Hateful Content or A Threat of Physical Harm.
    • A person that has publicly made a comment or statement, or otherwise publicly made known a position, including by membership in an organization as discussed above, that could be reasonably perceived as Hateful Content or A Threat of Physical Harm.
    • A person or organization that has acted in such a way as could be reasonably perceived to support, condone, encourage, or represent Hateful Content or A Threat of Physical Harm.

    By using SendApp, you acknowledge and agree to not use the Services for spam, and you agree to comply with the provisions of the CAN-SPAM Act. We have a zero-tolerance spam policy. You acknowledge and agree that we may immediately terminate any account that we believe, in our sole and absolute discretion, is transmitting or is otherwise connected with any spam or other unsolicited bulk email activity. Further, if your SendApp account is suspended because of spamming or any other related issue, then no refund would be done in any case.