These Send Sumo Terms of Use (“Terms”) are entered into by and between the Send Sumo entity set forth below (“Send Sumo”) and the entity or person accessing any Services (“Customer” or “you”).
The purpose of these Terms is to introduce the basic terms and conditions of our services offered through our website and mobile application. Send Sumo is a service that provides clients with a means to collect email addresses and to create, send and track email promotions (“Service”) and other services pursuant to any order confirmations, ordering documents or online registration (“Order Form”).
BY INDICATING YOUR ACCEPTANCE OF THESE TERMS OR ACCESSING OR USING ANY SEND SUMO SERVICES, YOU ARE AGREEING TO BE BOUND BY ALL TERMS AND CONDITIONS CONTAINED OR REFERENCED TO IN THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE OUR SERVICES.
1. Acceptance of Terms
1.1. To use our Service you must:
- be at least sixteen years old,
- provide accurate contact and billing information,
- agree with these Terms, Anti-Spam Policy and DPA, which form part of these Terms.
1.2. By signing up, using the site or mobile app, you accept these terms and conditions and warrant that you meet all the requirements listed in this document, and that you won’t use the Service in a way that violates any laws or regulations.
2. General rules
2.1. You must follow these rules:
- You are not allowed to send unsolicited email “spam”. Please read our Anti-Spam Policy for more information;
- Your email lists must be permission-based subscriptions;
- Your use of our Service have to comply with all applicable laws and regulations;
- You are not allowed to use our tracking/campaign preview links when sending emails with other services than ours;
- If you are accessing or using the Services on behalf of your company, you represent that you are authorized to accept these Terms on behalf of your company, and all references to “you” or “Customer” reference your company;
- You are not allowed to use offensive and abusive communication.
2.2. If you violate any of these rules, we may suspend or terminate your account.
3. Payment terms
3.1. Payment is not made until provision of Service. The payment period is one month when you order a monthly plan or one year when the annual plan is ordered. Payment can be settled by credit card or PayPal.
3.2. There is an option to switch between monthly and annual plans. If you have a monthly plan, you can switch to an annual plan at any time. If you want to switch from an annual plan to a monthly plan, you can only switch to the same or a higher monthly plan. You cannot switch plans if your current plan is expired, or if it expires in less than 2 days. You also cannot switch plans if you have already done so within the last 2 days.
3.3. The rates for Service and additional services provided by us are listed at https://sendsumo.net/pricing. Prices do not include VAT or other taxes of any kind. We may modify or change our fees and pricing at any time.
4. Communications
4.1. You acknowledge and agree that Send Sumo may occasionally send you communications regarding your account or the Service via email.
4.2. Communication with Send Sumo must be conducted in the English language only. If you provide official letters or documents to Send Sumo, Send Sumo reserves the right to request that you translate them to the English language.
4.3. Communication between Send Sumo and the Customer shall be mutual, appropriate and respectful.
5. Accounts, passwords and security
5.1. You must be a registered user to access the Service. After creating a Send Sumo account, you’ll need to complete two steps to validate your account: (i) Complete your profile; (ii) Request approval.
5.2. If you comply with our rules then we will approve your account and you’ll receive an email notification. If something looks suspicious then you might receive a disapproval email.
5.3. We keep the right at any time to perform your subscribers list review / past campaign performance prior to a full purchased limit approval to be able to analyse your deliverability results and make sure it fully complies with our Anti-Spam Policy requirements.
5.4. You are responsible for keeping your password secure. You will be solely responsible and liable for any activity that occurs under your username.
5.5. Send Sumo reserves the right, at its sole discretion, to delete your disapproved account without notifying you.
5.6. Send Sumo reserves the right to access your account to provide support, manage settings, or test it to ensure the functionality and features of Send Sumo Services.
5.7. If your account is inactive for 2 years or more, Send Sumo reserves the right to permanently delete your account with all its data, including your list of subscribers and your content. In case Send Sumo decides to delete your account, you will be informed via email. You will then be given 30 days to export the data or reactivate your account before the account is permanently deleted.
6. Appropriate email practices
6.1. All email lists contained and sent to using Service must be permission-based subscriptions. It is absolutely not acceptable or allowable to use a list that has been purchased, rented or from a third-party.
6.2. Send Sumo reserves the right to terminate any account that it finds in violation of its Terms of Use by receiving abuse complaints higher than allowed, without refund.
7. Consent
7.1. Emails are only sent to recipients who have given their consent to receive these emails according to applicable laws and regulations (e. g. General Data Protection Regulations (Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data); or according to section 7, paragraph 2, number 3 UWG (Act Against Unfair Competition) – (opt in) – or have a business relationship with the advertiser, and the conditions according to article 13 section 2 of the European Parliament and Council Directive 2002/58/EU on Privacy and Electronic Communication are met, and etc.).
7.2. Consent to receive advertisements through email has to be given separately. The recipient must either click/mark a box or otherwise give a comparatively clear declaration of consent to receive advertisements via email. This declaration may not be part of other declarations (such as agreeing to terms and conditions).
7.3. The recipients must give their consent actively through a conscious act. Pre-clicked/pre-marked boxes may not be used.
7.4. The option to revoke consent at any time with future effect must be clearly and explicitly indicated at the time of obtaining consent. This must also contain information as to how consent may be revoked and with whom. The option to revoke consent may not be more complicated than the obtaining of the consent. Revoked consent must be implemented after five (5) working days at the latest.
8. Email format
8.1. The contracting entity – that means the contracting partner of the sender of an advertisement must be clearly recognizable. Every sent email shall contain an easily noticeable ‘about us’; either in the text or through a direct link. It must be complete to the extent permitted by applicable law. The ‘about us’ section shall contain the following information:
- Name and address of the sender, for legal entities in addition to name and address the legal form of the entity, authorized representative and the Commercial Registry, Association Registry, Partnership Registry or Cooperative Society Registry they are registered with, as well the appropriate registration number.
- Contact information, at least a valid telephone number or an electronic contact form, as well as email address.
- If there is a value added tax identification number according to section 27a of the value added tax act or a business identification number according to section 139c of the tax code, this number shall be provided. Further reaching information obligations, for example according to section 5, paragraph 1 of the Telemedia Act (Telemediengesetz–TMG) remain untouched.
- Each newsletter must contain an unsubscribe link with an option to withdraw permission to send any further newsletters. In all cases, unsubscribe links must be clear and visible for all your subscribers. Cancellation must be possible for the subscriber, without having to know access data (such as their login/password). Exceptions may be admissible in single cases as special cases occur in the administration of the offering party. Cancellations must be processed promptly.
- Neither the sender nor the commercial character of the message may be obscured or concealed in the header or the subject header of the email. Obscuring or concealing is taking place when the header and subject header are composed in such a way that the recipient cannot get any or can get only misleading information about the actual identity of the sender or the commercial nature of the message before the message is opened and read.
- The sender must remove email addresses from the active mailing list after three hard bounces.
- The customer has to name a contact (name/phone number/e-mail address) for complaints. Response time for complaints must not exceed 24 hours on business days.
- When using email addresses that the sender or his/her customers received from third parties, the sender or his/her customer is obligated to make sure before the advertisement action is taken that only recipients who have given their consent according to these criteria are emailed; a consent that not only refers to mailings sent by a third party but also by the sender himself or the sender’s customer.
- The retrieval of address data for third parties (such as through co-sponsoring) should be transparent to the user. More so, address data retrieved in such a way should only be used for a mailing if: a) the companies for which the address data is generated were named individually, transparently and categorized by industry; b) users were able to easily access the list of companies; c) the number of companies or persons for whom the address data was collected is reduced in a way that excludes the forwarding of user data to an unreasonably large circle of third parties and that allows the user to easily comprehend the consequences and the extent of his consent as well to easily control the legal handling of his data.
8.2. For clarification purposes we would like to point out that the companies for which the address data is generated may not forward this address data to third parties without a special consent from the user to do so.
9. Appropriate content
9.1. We only allow you to send relevant content which is requested by subscribers, and which corresponds to the CAN-SPAM Act. You cannot send pornography, affiliate marketing, pyramid schemes, MLM, “Get Rich Quick”, Forex, Escort, loan or quick credit services, gambling, weight loss material, mobile unlocking services, IPTV content, content for buying, selling or sharing followers or likes for a social media platform, or offer illegal goods and services. You are also not allowed to send content that encourages discrimination, bullying or actions that could impose a health risk, such as anti-vaccination material. Moreover, you are not allowed to send misleading content about products, services, or other information—such as by hiding or excluding content, or by presenting it in an unclear, unintelligible, or ambiguous way.
9.2. You can send newsletters using Send Sumo only if the content is created by you or you have the right to use it. You represent and warrant that you either own or have permission to use all of the material, content, data, and information, including your personal information and the personal information of others, you submit to Send Sumo in the course of using the Service.
9.3. Send Sumo reserves the right, at its sole discretion, to decide whether the content is inappropriate and cancel your account.
10. Affiliate Marketing and Affiliate Links
10.1. Affiliate Marketing and Affiliate Links are two different things. Affiliate Marketing is prohibited in Send Sumo, but Affiliate Links are fine in most cases.
- Affiliate Marketing (Prohibited) – is a type of business where you earn a commission by promoting other company’s products. We don’t allow this activity, because there’s no direct relationship between you and your subscribers. You are not allowed to send unrelated offers to your subscribers or pretend to be another brand.
- Affiliate Links (Allowed) – is a way to recommend product or service to your subscribers in your campaigns. Advertisement for another company (Affiliate Link) can only appear under your branding and be clearly presented as a special offer from another company. Moreover, the offer has to be related to your content and meet subscriber expectations. You are not allowed to send emails with links to content that is prohibited in our Terms of Use. Campaigns with blacklisted links will be stopped automatically and we may be forced to close the account permanently.
11. Multiple account abuse
11.1. Creating multiple accounts with overlapping uses (similar email content, same links) or in order to evade the permanent suspension of a separate account is strictly forbidden.
12. Limitation of Liability
12.1. In no event shall Send Sumo be liable or responsible in any way in relation to the contents and use of, or differently in connection with this website or mobile app, or for any indirect, special, incidental or consequential damages (including but not limited to loss of use, loss of profits, revenue, income or anticipated savings, business losses, loss of reputation or goodwill, loss of contracts or business relationships, or loss and/or corruption of information or data) whether in an action in contract, equity or otherwise, arising out of or in any way connected with the use of or inability to use this site or mobile app or the materials therein or resulting from unauthorized access to or alteration of data. We won’t be held liable for any delays or failure in performance of any part of the Service if it is prevented or delayed in performing those obligations by an event of force majeure circumstances.
13. Termination of Service
13.1. The term of Service will continue for as long as you have a Send Sumo account or until you or we terminate it.
13.2. We reserve the right to terminate your account or limit your use of the Services at any time with or without cause. If we decide to terminate your account you will receive termination notice with further instructions.
13.3. You also have the option of canceling your account at any time without penalty. In the event of account cancellation you will lose all data related to Your account.
13.4. We reserve the right to terminate our Services if your account is inactive for 2 years or more as per section 5.7. of these Terms.
14. Refunds
14.1. We are required to provide a refund only if we terminate our Services to you without cause before the end of a year for which you have paid. There is no other circumstance in which you will be entitled to a refund from us. We do not provide refunds if your account is suspended because of violation of our Anti-Spam Policy or Terms of Use. We do not refund if it turns out that you’re sending (or going to send) newsletters without having permission from your subscribers. Please note, that we do not refund any unused or partially used plans (monthly or yearly) when you did not use or partially used the Services and/or forgot to cancel your plan.
14.2. We may, at our sole discretion, offer refunds in other situations in accordance with the requirements we post on the website or in the mobile app, which may be changed from time to time. In any case, the refund can only be made within 30 days from the last transaction date.
15. Subscribers
15.1. The number of subscribers is limited, emails are unlimited for some plans. If you exceed your subscriber limit, the following rules apply:
- For new Send Sumo: If you import a list of subscribers that exceeds your subscriber limit, you will be automatically upgraded to a higher tier plan.
- For Send Sumo Classic: You can add new subscribers to your account without upgrading the plan, but you can’t send newsletters to them unless you upgrade.
15.2. You may not cheat by deleting subscribers and uploading new ones in order to send newsletters to more unique users than your plan allows.
16. Account Disputes
16.1. In the event of internal disputes involving Send Sumo accounts, you shall resolve the matter directly with the other party. You shall not request access to or information about an account that you do not have access to.
16.2. Send Sumo reserves the right to suspend any account associated with the dispute to protect the security and privacy of the data held within the account until the dispute is properly resolved. Please note that we will request a copy of the court decision or other legitimate document in order to suspend the account.
16.3. Send Sumo shall not investigate repetitive requests related to the account dispute unless a new significant basis is provided and/or there are convincing arguments that Send Sumo’s previous actions were incorrect.
17. Conditions
17.1. We may modify or terminate our services at anytime, for any reason, and without notice. We reserve the right to modify these Terms of Use at any time without notice. Please review these Terms of Use on occasion as they may change in the future. We may, but have no obligation to, remove accounts and content containing what we determine as unlawful, offensive, threatening, defamatory, obscene or otherwise objectionable material. We will remove content that violates any party’s intellectual property or these Terms of Use.
18. Intellectual property
18.1. Send Sumo claims no intellectual property rights over the material you provide to the Service. You acknowledge that Send Sumo owns all right, title and interest in and to the Service, including without limitation all intellectual property rights, and such rights are protected by international intellectual property laws. You agree that you will not copy, reproduce, alter, modify, or create derivative works from the Service.
19. Refer a friend
19.1. All Send Sumo customers have a Refer-a-friend dashboard, which allows you to invite other people to sign up for Send Sumo and get a designated credit.
19.2. When a new user visits Send Sumo website via your Refer a friend link and signs up (within 30 days from the first visit) our system instantly identifies your referral. The user will get a designated credit immediately and you will be rewarded with a credit as soon as he or she upgrades.
19.3. Credits will automatically be applied when you buy or upgrade your Send Sumo plan. Up to 50% of the total cost can be covered by credits. The other 50% has to be paid in real money. If your credits exceed the limit, they will be saved to be applied to the next payment.
19.4. Credits cannot be exchanged for real money.
20. Free trial
20.1. All new free accounts get a 14-day free trial to our premium features.
20.2. Once you upgrade to a paid plan, your free trial will end.
21. Privacy
21.1. At Send Sumo, protecting your privacy and the privacy of anyone receiving your email is very important. Please read our Privacy Policy, Security Statement and Cookie Policy to know more about how we process and protect personal data in accordance with good industry practice.
22. Data Processing Addendum
22.1. If you share with us personal data of your clients, Data Processing Addendum is applied to you.
22.2. Data Processing Addendum is an integral part of Terms of Use
23. Changes
23.1. Send Sumo reserves the right to change these Terms of Use at any time. If we decide to change this document, we will post changes on this page. All changes are effective immediately upon posting and we suggest that you check these Terms of Use periodically.
24. Miscellaneous provision
24.1. These Terms of Use shall be governed and construed in accordance with governing law and jurisdiction of the place of the Send Sumo entity applicable to the country of the Customer’s billing address.
24.2. These Terms of Use will begin upon when you become our client and will continue unless terminated hereunder.
