Terms of Service

1. Electronic Communications

We send operational communications needed to provide and secure your account, such as verification, billing, incident, and material-policy notices. These are distinct from promotional messages. Creating an account or accepting these Terms does not by itself give marketing consent. We send promotional communications only where permitted by applicable law, obtain separate consent where required, and honor unsubscribe requests and objections. Any existing-customer exception is used only when its legal conditions are met. You may decline promotional messages without losing core Service access; necessary account and security notices may still be sent.

2. Payment and Billing Policies

To access certain premium features of the Service, you may be required to provide payment information. When making a purchase, you agree to supply complete and accurate details, including:

• Valid payment method details
• Billing address
• Contact information
• Any other required payment information

By providing payment information, you affirm that: (1) you are authorized to use the payment method; and (2) all submitted information is truthful and accurate. We utilize third-party payment processors to handle transactions, and by using our Service, you authorize us to share your payment information with these processors in accordance with our Privacy Policy.

We reserve the right to refuse or cancel any order for various reasons, including but not limited to: service unavailability, pricing errors, suspected fraudulent activity, or violations of these Terms. In the event of order cancellation, we will make reasonable efforts to notify you using the contact information provided in your account.

Payment Providers and Marketplace Purchases

Simply Invent Labs LLC is the provider of Simply Send. Purchases may be made directly or through an authorized payment processor, marketplace, reseller, distributor, procurement platform, or other purchase channel we make available, including Stripe, AWS Marketplace, Microsoft Azure Marketplace, Google Cloud Marketplace, and Shopify. These provisions also apply to future authorized purchase channels and payment methods without requiring each to be named here. The checkout, order, or channel terms identify the seller of record and the party responsible for collecting payment, taxes, renewals, refunds, and cancellation; only the functions that channel actually performs are governed by its terms. A different seller of record does not itself replace Simply Invent Labs LLC as the Service provider or Processor. Google Workspace Marketplace is an installation and discovery channel for the Google Workspace integration, separate from Google Cloud Marketplace billing. We do not receive or store your full payment-card number.

For marketplace purchases, you authorize the marketplace or Shopify channel to provide us the subscription, entitlement, account-linking, order or charge identifier, and related procurement information needed to provision, administer, support, secure, and reconcile your Simply Send subscription. The marketplace's or Shopify's purchase terms control the marketplace transaction; these Terms control your use of Simply Send.

3. Subscription Terms

Certain features of our Service are available through paid subscription plans. By subscribing, you agree to:

• Pay all applicable fees for the selected subscription tier
• Maintain accurate and current billing information
• Authorize automatic recurring payments for each billing cycle
• Comply with any usage limits associated with your subscription level

Your subscription will automatically renew at the end of each billing period unless you cancel through the applicable purchase channel, your account settings where available, or by contacting our support team. You are responsible for all charges incurred under your account, including any applicable taxes.

A marketplace or Shopify subscription is not active in Simply Send until it has been successfully linked to the applicable Simply Send account or workspace and we confirm the entitlement. You are responsible for keeping the account and workspace information used for that link accurate and for promptly notifying us of any unauthorized use. Availability, plans, credits, and usage limits may differ by purchase channel and are shown at checkout or in the applicable marketplace listing.

4. Free Trial Period

We may offer a free trial period for new users to evaluate our Service. During the trial period:

• You may be required to provide payment information to begin the trial
• Your subscription will automatically convert to a paid plan at the end of the trial period
• You may cancel at any time during the trial to avoid being charged

We reserve the right to modify or discontinue free trial offers at any time without prior notice. Only one free trial is permitted per user.

5. Pricing Adjustments

We may adjust our pricing structure with at least 30 days' advance notice. Such changes will not affect your current subscription period but will apply to subsequent billing cycles. We will notify you of any price changes through the contact information associated with your account.

Your continued use of the Service after the price change becomes effective constitutes your agreement to pay the new subscription rate.

6. Refund Policy

All fees paid for subscription plans or credit purchases are non-refundable once the Service has been activated or credits have begun to be consumed, except as required by applicable law. We do not provide refunds or credits for:

• Partial subscription periods
• Unused features or unused sending volume within an active billing period
• Credits consumed through normal use of the Service
• Promotional or bonus credits issued at our discretion
• Accounts suspended or terminated for violations of these Terms or our Acceptable Use Policy

In exceptional circumstances, we may consider refund requests on a case-by-case basis at our sole discretion. Where we do issue a discretionary refund, the following rules apply:

• Promotional or bonus credits are not eligible for refund under any circumstances.
• Any refund will be calculated based on the published list price at the time of purchase, or the current published list price — whichever is more favourable to you.
• Refunds, if approved, will be processed to the original payment method within 10 business days.

For a purchase made through AWS Marketplace, Google Cloud Marketplace, or a Shopify channel, submit cancellation and refund requests through that channel unless applicable law requires otherwise. The channel's refund and cancellation procedures apply to its transaction.

We recommend starting with a smaller purchase to test the Service before committing to larger volumes.

7. User Content

You retain ownership of all content you submit through our Service. By using our Service, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, and distribute your content solely for the purpose of providing and improving our Service.

You are solely responsible for your content and any consequences of posting or publishing it. You must ensure that your content does not violate any laws or infringe upon the rights of any third party.

We do not use Customer Content or Google Workspace data to create, train, or improve generalized artificial intelligence or machine-learning models. Where you choose an AI-assisted feature, we use it only to provide that feature as described in our Privacy Policy .

8. Prohibited Activities

When using our Service, you agree not to:

• Send cold emails, unsolicited commercial emails (spam), or bulk emails to recipients who have not opted in
• Use the Service to send marketing emails to purchased, rented, scraped, or third-party lists
• Use the marketing API on behalf of third-party brands or businesses you do not own or are not explicitly authorised to represent
• Misuse email type APIs — using the marketing API for transactional purposes or vice versa — in a way that violates recipient consent expectations
• Transmit viruses, malware, or other harmful code
• Violate any applicable laws or regulations, including CAN-SPAM, CASL, GDPR, TCPA, or ePrivacy
• Impersonate any person, entity, or brand you are not authorised to represent
• Interfere with the proper functioning of our Service
• Attempt to gain unauthorized access to any accounts or systems
• Engage in any activity that could damage our reputation, infrastructure, or delivery rates
• Connect a Google account or import Google Workspace data without authority, or use Google-derived data for any purpose not permitted by applicable law, Google policies, or the authorization you obtained

We reserve the right to suspend or terminate your account immediately and without prior notice if we determine, in our sole discretion, that you have violated these Terms or our Acceptable Use Policy . Any credits or fees paid prior to suspension or termination for cause are non-refundable.

9. Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must immediately notify us of any unauthorized use of your account or any other security breaches.

We reserve the right to refuse service, terminate accounts, or remove content at our sole discretion.

10. Intellectual Property Rights

All content and materials available on our Service, including but not limited to text, graphics, logos, and software, are the property of Simply Invent Labs or its licensors and are protected by intellectual property laws.

You may not reproduce, distribute, modify, or create derivative works of any content from our Service without our express written permission.

11. Copyright Infringement

We respect the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us at [email protected] with the following information:

1. A physical or electronic signature of the copyright owner
2. Identification of the copyrighted work claimed to have been infringed
3. Identification of the material that is claimed to be infringing
4. Your contact information
5. A statement of good faith belief that use of the material is not authorized
6. A statement that the information in the notification is accurate

12. Feedback and Suggestions

We welcome your feedback and suggestions about our Service. By submitting feedback, you agree that:

• Your feedback does not contain confidential or proprietary information
• We are not under any obligation of confidentiality regarding the feedback
• We may use and disclose the feedback for any purpose
• You grant us a perpetual, irrevocable license to use the feedback

13. Third-Party Links and Integrations

Our Service may contain links to third-party websites or services that are not owned or controlled by us. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services.

If you authorize an integration, plugin, webhook, or MCP client, you instruct Simply Send to exchange the data and perform the permitted actions within its configuration, authorized workspace, permissions, and your workspace role. Review the provider's terms and requested access, use only data you are authorized to share, and apply any required notices, lawful basis, and transfer safeguards. MCP clients may pass received information to their model or service providers under your arrangements. Sign-in with an identity provider does not itself authorize a separate integration or access to message content.

The central provider page and Privacy Policy describe these flows. Disconnecting does not automatically delete external copies or revoke separate API/SMTP credentials. Independent services are governed by your arrangements with them; Simply Send remains responsible for its own Processing and providers it engages under the DPA. This Section does not exclude mandatory legal or SCC obligations, or expand permitted Google Workspace or AI data use.

14. Third-Party Provider Limitations

Simply Send relies on infrastructure, delivery, payment, marketplace, and other providers described on our Subprocessors and Service Providers page to provide the Service. While we take reasonable steps to provide reliable service, you acknowledge and agree that:

• Third-party providers, upstream carriers, and internet service providers may suspend, restrict, or change their services under their own terms, compliance requirements, abuse-detection policies, or regulatory obligations.
• We are not liable for delivery failures, delays, or suspensions caused by the actions or inactions of third-party providers.
• We are not liable for any loss of business, revenue, data, or goodwill arising from a third-party provider's decision to restrict or terminate service.
• Provider decisions regarding account status, deliverability classifications, domain reputation, and policy enforcement are final and outside our control.

Our commitment to you: We will work proactively with third-party providers to maintain your sending capability for as long as your account complies with these Terms and our Acceptable Use Policy. Where a provider suspension occurs, we will:

• Notify you as soon as reasonably practicable
• Assist with provider appeal processes where appropriate
• Provide guidance on remediation where possible
• Explore alternative sending routes where available

15. Disclaimer of Warranties

We do not warrant that (i) the Service will meet your requirements, (ii) the Service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the Service will be accurate or reliable, or (iv) the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations.

We make no warranties regarding email deliverability rates, inbox placement, or the actions of third-party email providers, ISPs, or spam filters.

16. Limitation of Liability

UNDER NO CIRCUMSTANCES WILL WE BE RESPONSIBLE FOR ANY DAMAGE, LOSS, OR INJURY RESULTING FROM HACKING, TAMPERING, OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THE SERVICE SHALL NOT EXCEED THE GREATER OF: (A) THE SERVICE FEES ACTUALLY PAID BY YOU FOR SIMPLY SEND IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE CLAIM; OR (B) ONE HUNDRED US DOLLARS (USD $100).

For this calculation, Service fees include amounts paid directly or through any authorized processor, marketplace, reseller, distributor, procurement platform, or other purchase channel, including future channels, for the Simply Send Service covered by the claim. The calculation uses the Service fees charged to you before deduction of channel commissions, excludes taxes and separately charged channel or unrelated third-party services, and deducts refunds or reversed payments without counting the same fee twice. This aggregate limit applies across legal theories, related claims, and purchase channels; using multiple channels does not create separate liability caps. A separately executed agreement expressly changing this limit controls to the extent applicable, and the mandatory exceptions below continue to apply.

All exclusions and limits in these Terms apply only to the extent permitted by applicable law. They do not exclude liability that cannot lawfully be excluded, restrict Data Subjects' enforceable rights or supervisory authorities' powers, or override liability, contribution, forum, and remedy provisions of applicable Standard Contractual Clauses or GDPR Article 82. Our Data Processing Addendum takes priority on Customer Data Processing matters as stated there. Some jurisdictions do not permit particular warranty exclusions or liability limits; those mandatory protections continue to apply.

17. Indemnification

You agree to defend, indemnify, and hold harmless Simply Invent Labs LLC, its parents, subsidiaries, affiliates, officers, directors, employees, contractors, agents, licensors, service providers, and successors (collectively, the "Indemnified Parties") from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:

• Your violation of these Terms of Service or our Acceptable Use Policy
• Your violation of any applicable law or regulation, including but not limited to CAN-SPAM, CASL, GDPR, TCPA, or ePrivacy Directive
• Your email content, message templates, recipient lists, or messaging practices
• Any claim by a recipient of your messages, including claims related to unsolicited email, privacy violations, or harassment
• Any third-party claim arising from or related to your use of the Service
• Your infringement of any intellectual property or other rights of any person or entity
• Any misrepresentation made by you in connection with the Service
• Your use of the Service in a manner that causes damage to our sending infrastructure, IP reputation, or domain reputation

We reserve the right, at your expense, to assume the exclusive defense and control of any matter subject to indemnification by you. You agree to cooperate with our defense of such claims. We will use reasonable efforts to notify you of any such claim upon becoming aware of it.

Your indemnification obligations will survive termination of your account and these Terms.

18. Termination

We may terminate or suspend your account and access to the Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms or our Acceptable Use Policy. Upon termination for cause, any credits or fees paid are non-refundable.

You may terminate your account at any time by contacting us at [email protected] . Upon termination, your right to use the Service will immediately cease.

All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

19. Governing Law and Binding Arbitration

These Terms shall be governed by and construed in accordance with the laws of the State of Washington, without regard to its conflict of law provisions, except that the Federal Arbitration Act governs the interpretation and enforcement of the arbitration agreement to the extent applicable.

Informal resolution first. Before either party starts arbitration, it must send the other a written notice of the dispute and allow 30 days to resolve it informally. Notices to Simply Invent Labs LLC must be sent to [email protected] and include the account email, a description of the dispute, and the relief sought.

Binding individual arbitration. Except where prohibited by law, any dispute, claim, or controversy arising out of or relating to these Terms or the Service will be resolved by binding individual arbitration, rather than in court, administered by the American Arbitration Association ("AAA") under its applicable Consumer Arbitration Rules or Commercial Arbitration Rules. The arbitrator may award the same individual relief available in court. Judgment on the award may be entered in any court with jurisdiction.

No class or representative actions. Disputes must be brought only in an individual capacity, not as a plaintiff, claimant, or class member in any purported class, collective, consolidated, private-attorney-general, or representative proceeding. The arbitrator may not consolidate claims or preside over any form of representative proceeding.

Exceptions and opt-out. Either party may bring an eligible individual claim in small-claims court. Either party may seek temporary or permanent injunctive relief in the state or federal courts located in Snohomish County, Washington, to protect intellectual property, confidential information, security, or to prevent unauthorized access or abuse of the Service. You may opt out of this arbitration agreement by sending an opt-out notice to [email protected] within 30 days after first accepting these Terms; the notice must include your name, account email, and a clear statement that you opt out of arbitration. If you do not opt out, this arbitration section survives termination.

If you are a consumer located in the EU or UK, nothing in these Terms limits mandatory consumer-protection rights or the right to bring a claim where those rights cannot lawfully be waived.

20. Changes to Service

We reserve the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. We shall not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Service.

21. Amendments to Terms

We reserve the right to modify these Terms at any time. We will provide notice of any material changes by posting the updated Terms on our website, updating the "Last Updated" date at the top of this document, and (for material changes) sending notice to the email address associated with your account at least 30 days before the stated effective date. Where binding electronic acceptance is required, including the DPA/SCC acceptance process described in the DPA, we request that confirmation from an authorized workspace owner and retain the actual event. We do not record silence, an unanswered notice, or continued use as an explicit DPA/SCC acceptance. Continued use may indicate acceptance of other contractual changes only to the extent applicable law permits; it is never a substitute for optional-cookie or marketing consent. Mandatory rights and remedies remain unaffected.

If you do not agree to the new terms, you must stop using the Service.

22. Waiver and Severability

The failure of Simply Invent Labs to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.

23. Customer Marks and Sender Identities

You grant Simply Invent Labs LLC a non-exclusive, worldwide, royalty-free, revocable license to use, reproduce, display, and refer to your Customer Marks and Sender Identities in our website, customer lists, case studies, presentations, and other promotional materials, solely to accurately identify you, an authorized sender, or an authorized brand as a user of the Service or a brand supported through the Service.

“Customer Marks and Sender Identities” means names, trade names, logos, trademarks, domains, sender identities, and brand assets associated with your account or with a sender domain or brand you onboard, verify, or otherwise make available through the Service.

You represent and warrant that you own, or have obtained all rights, permissions, and authority necessary to grant this license. If you act as an agency, affiliate, reseller, contractor, or other representative for a third-party brand or domain owner, you represent and warrant that you have that party's express authority to grant this license. You must provide reasonable evidence of that authority upon our request. We may decline, suspend, or remove use of any Customer Mark or Sender Identity if we reasonably believe its use is unauthorized, inaccurate, misleading, or subject to a complaint.

We will not imply that a third-party brand endorses Simply Send beyond accurately identifying its authorized use of the Service. The license in this section does not arise merely because a domain is added to an account; it applies only when you have the authority to grant it.

If you wish to opt out of this permission or revoke it for future materials, please contact us at [email protected] and we will honor your request within 14 days, subject to any legal obligation and materials already published or in production. Opting out will not affect your use of the Service.

24. Acceptable Use Policy

Your use of the Service is subject to our Acceptable Use Policy, which is incorporated by reference into these Terms. You can review the current Acceptable Use Policy at Acceptable Use Policy .

25. Entire Agreement

These Terms, together with our Privacy Policy, Acceptable Use Policy, Data Processing Addendum where applicable, and any other legal notices incorporated into the Service agreement, shall constitute the entire agreement between you and Simply Invent Labs LLC concerning the Service and supersede all prior agreements and understandings, whether written or oral.

26. Contact Information

If you have any questions about these Terms, please contact us at:
[email protected]