Terms of Service

For purposes of these Terms, the following terms have the following meanings:

• "Service" means the SendMesh email infrastructure platform accessible at sendmesh.co and api.sendmesh.co, including the Dashboard, API, SDKs, SMTP relay, and related services.
• "Customer" / "you" means the individual or legal entity that creates an account to access the Service.
• "Content" means any data, email content, contact information, templates, campaigns, or other material that Customer transmits through, uploads to, or stores within the Service.
• "Documentation" means the technical documentation published at sendmesh.co/docs.
• "API Key" means the secret credential (sk_live_... or sk_test_...) used to authenticate Customer requests to the Service.
• "Recipient" means any person or entity to whom Customer sends email through the Service.
• "Fees" means the amounts payable by Customer for use of the Service as set forth in the applicable plan.

By accessing or using the Service, you represent that (a) you have read and understood these Terms, (b) you agree to be legally bound by them, and (c) if you are accepting on behalf of an entity, you have the authority to bind that entity.

SendMesh may modify these Terms at any time by posting the revised version at sendmesh.co/terms and updating the "Last updated" date. For material changes, SendMesh will provide at least thirty (30) days' notice by email to the account administrator. Continued use of the Service after the effective date constitutes acceptance of the revised Terms. If you do not agree to the revised Terms, you must discontinue use and cancel your account.

SendMesh provides programmatic email infrastructure services including but not limited to transactional and marketing email sending, contact and list management, deliverability analytics, webhook event delivery, template rendering, campaign scheduling, and compliance automation. The Service is provided on an "as-is" and "as-available" basis subject to Section 13 (Warranty Disclaimer).

SendMesh will use commercially reasonable efforts to maintain 99.9% monthly uptime for production API endpoints, excluding scheduled maintenance (announced at least 48 hours in advance), force majeure, and Customer-side failures. Service credits for verified downtime below 99.9% are available upon written request to support@sendmesh.co within thirty (30) days of the incident, prorated against the affected billing period.

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

• Maintaining the confidentiality of your API Keys and account credentials.
• All activity that occurs under your account, including emails sent, contacts stored, and API requests made.
• Promptly notifying SendMesh at support@sendmesh.co of any unauthorized access or security breach.
• Ensuring that all Recipients have provided appropriate legal consent to receive email from you under applicable laws.
• Verifying and authenticating the sending domains you use with the Service.
• Maintaining an active payment method sufficient to cover monthly Fees.

You agree NOT to use the Service to:

• ✕Send unsolicited commercial email (spam), emails to purchased lists, or emails to recipients who have not provided affirmative consent to receive them.
• ✕Send malware, phishing content, fraudulent content, or any content designed to deceive recipients.
• ✕Violate the CAN-SPAM Act (U.S.), CASL (Canada), GDPR (EU/UK), PECR (UK), or any other applicable anti-spam or data protection law.
• ✕Send emails with misleading headers, falsified sender information, or deceptive subject lines.
• ✕Transmit content that is illegal, defamatory, obscene, harassing, discriminatory, or that infringes any third-party intellectual property right.
• ✕Scrape, crawl, reverse-engineer, decompile, or otherwise attempt to derive source code or trade secrets from the Service.
• ✕Use the Service, or Content transmitted through it, to train artificial intelligence or machine learning models without SendMesh's prior written consent.
• ✕Interfere with, disrupt, or place unreasonable load on the Service infrastructure, including by exceeding published rate limits, generating bot traffic, or attempting denial-of-service.
• ✕Resell, sublicense, or provide the Service to third parties except under a written white-label agreement with SendMesh.
• ✕Use the Service to send emails related to: illegal drugs, firearms, adult content, gambling (where prohibited), multi-level marketing, or cryptocurrency schemes, without SendMesh's prior written approval.
• ✕Exceed a 5% bounce rate or 0.1% spam-complaint rate across any rolling 7-day window without taking remedial action.

SendMesh reserves the right to investigate suspected violations and may, at its sole discretion and without prior notice, suspend or terminate accounts engaged in any violation of this Section 5. Repeat or egregious violations may be reported to the relevant law enforcement or regulatory authorities.

Fees. Customer shall pay Fees according to the plan selected at sign-up or subsequently changed through the Dashboard. All Fees are in U.S. dollars unless otherwise stated. Taxes (VAT, GST, sales tax, withholding tax) are Customer's responsibility and are added to invoices where applicable.

Billing and Automatic Renewal. Paid plans are billed monthly or annually in advance via Stripe, Inc. and automatically renew at the end of each billing period at the then-current rate. Customer may cancel renewal at any time through the Dashboard or by emailing support@sendmesh.co; cancellation takes effect at the end of the current paid period.

Overages. Emails sent beyond the plan quota are billed at the per-email overage rate published at sendmesh.co/#pricing. SendMesh will send automated alerts at 80% and 90% of plan quota.

Refunds. Fees are non-refundable except (i) where required by applicable consumer protection law, (ii) for verified Service disruption eligible for service credits under Section 3, or (iii) at SendMesh's sole discretion for good-faith cases evaluated on an individual basis.

Price Changes. SendMesh may change pricing with thirty (30) days' written notice. Annual plan customers retain the pricing in effect at the start of their annual term until renewal.

Late Payment. If a payment fails, SendMesh will retry the charge up to four (4) times over ten (10) days. Accounts with unresolved overdue balances after fifteen (15) days may be suspended. Reinstatement requires payment of all outstanding Fees.

SendMesh IP. SendMesh and its licensors own all right, title, and interest in and to the Service, including but not limited to all software, source code, object code, APIs, algorithms, user interfaces, documentation, trademarks, service marks, logos, domain names, and the selection, coordination, arrangement, and enhancement of such content, as well as any derivative works, modifications, or improvements thereto (the "SendMesh IP"). These Terms do not grant Customer any ownership interest in the SendMesh IP. All rights not expressly granted are reserved.

Limited License to Customer. Subject to Customer's compliance with these Terms and payment of all Fees, SendMesh grants Customer a limited, non-exclusive, non-transferable, non-sublicensable, revocable license during the term of the Agreement to access and use the Service solely for Customer's internal business purposes and solely in accordance with the Documentation.

Customer Content. Customer retains all right, title, and interest in and to Customer Content. Customer grants SendMesh a worldwide, non-exclusive, royalty-free license to host, reproduce, transmit, cache, display, and process Customer Content solely to the extent necessary to provide and improve the Service. This license terminates when Customer Content is deleted from the Service.

Feedback. If Customer provides suggestions, feature requests, or other feedback to SendMesh, Customer grants SendMesh a perpetual, irrevocable, worldwide, royalty-free license to use, modify, and incorporate such feedback without attribution or compensation.

No AI Training. SendMesh does not use Customer Content to train artificial intelligence, machine learning, or large language models. SendMesh does not permit third parties to use Customer Content for such purposes.

Trademarks. "SendMesh", the SendMesh logo, and other SendMesh marks are trademarks of SendMesh. Customer may not use SendMesh trademarks without prior written consent, except to state that Customer is using the Service.

SendMesh processes personal data in accordance with its Privacy Policy, which is incorporated into these Terms by reference. For Customers processing personal data of EU/UK data subjects through the Service, a Data Processing Agreement (DPA) is available upon written request to support@sendmesh.co and, once countersigned by both parties, shall govern such processing and form part of these Terms.

SendMesh implements industry-standard technical and organizational measures including: AES-256-GCM encryption of Content at rest, TLS 1.2+ in transit, bcrypt hashing of API Keys (12 rounds), principle-of-least-privilege IAM, automated PII redaction from logs, and continuous vulnerability scanning. SendMesh is pursuing SOC 2 Type II attestation; current audit status is available upon request under NDA.

Sub-processors. SendMesh uses the following sub-processors: Amazon Web Services (infrastructure and email delivery via SES) and Stripe, Inc. (payment processing). A current list of sub-processors is maintained at sendmesh.co/privacy. SendMesh will provide thirty (30) days' notice by email to the account administrator before engaging any new sub-processor.

Each party (as "Receiving Party") agrees to maintain in confidence all non-public information disclosed by the other party (as "Disclosing Party") and marked or reasonably understood as confidential ("Confidential Information"). Confidential Information includes Customer Content, API Keys, account data, SendMesh source code, pricing and commercial terms, and the existence and terms of any unsigned proposal.

Receiving Party will (i) use Confidential Information only to exercise rights and perform obligations under these Terms, (ii) protect Confidential Information using at least the same degree of care as it uses for its own Confidential Information (but not less than reasonable care), and (iii) not disclose Confidential Information to any third party except to employees, contractors, and agents bound by confidentiality obligations no less protective than this Section. This obligation survives termination for three (3) years, except for trade secrets, which remain confidential so long as they qualify as such under applicable law.

Suspension. SendMesh may suspend Customer's access to the Service, in whole or in part, immediately and without prior notice if (i) Customer breaches Section 5 (Acceptable Use Policy); (ii) Customer's usage poses a security or reputational risk to SendMesh infrastructure or other customers (including exceeding bounce or complaint thresholds); (iii) Customer fails to pay Fees when due after the cure period in Section 6; or (iv) SendMesh is required to suspend by law, court order, or regulatory authority. SendMesh will endeavor to provide notice of suspension where legally permitted and where circumstances allow.

Termination for Convenience. Customer may terminate the Agreement at any time by canceling the account through the Dashboard. Termination takes effect at the end of the current paid period; no refunds are issued for the unused portion.

Termination for Cause. Either party may terminate the Agreement immediately by written notice if the other party (i) materially breaches these Terms and fails to cure within thirty (30) days after written notice, or (ii) becomes insolvent, makes an assignment for the benefit of creditors, or becomes the subject of bankruptcy proceedings.

Effect of Termination. Upon termination, (i) Customer's right to access the Service ceases; (ii) all accrued and unpaid Fees become immediately due; (iii) Customer may export its Content via the Data Export API during a thirty (30) day grace period; (iv) after the grace period, SendMesh will delete or anonymize Customer Content in accordance with the Privacy Policy and Section 8, except as required by law or retained in routine backup media for up to ninety (90) days; (v) Sections 6 (outstanding Fees), 7 (Intellectual Property), 9 (Confidentiality), 11 (Indemnification), 12 (Limitation of Liability), 13 (Warranty Disclaimer), 15 (Governing Law), and any provision that by its nature survives, shall survive termination.

Customer Indemnity. Customer shall defend, indemnify, and hold harmless SendMesh, its affiliates, and their respective directors, officers, employees, and agents from and against any third-party claims, damages, liabilities, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (i) Customer Content, including any claim that Customer Content infringes, misappropriates, or violates any third-party right; (ii) Customer's violation of Section 5 (Acceptable Use Policy), Section 7 (IP obligations), or applicable law, including anti-spam, data protection, and consumer protection laws; (iii) Customer's provision of false or misleading information at sign-up; or (iv) Customer's relationship with Recipients, including disputes concerning consent, unsubscribe, or content of emails sent.

SendMesh Indemnity. Subject to Section 12 (Limitation of Liability), SendMesh shall defend, indemnify, and hold harmless Customer from and against any third-party claim that the Service, as provided by SendMesh and used in accordance with these Terms, infringes a valid copyright, trademark, or trade secret enforceable in the UAE, United States, United Kingdom, or European Economic Area. SendMesh's indemnity obligation does not apply to claims arising from (a) Customer Content; (b) modifications to the Service not made by SendMesh; (c) use of the Service in combination with third-party products, services, or data not supplied by SendMesh; or (d) use in violation of these Terms or the Documentation. As SendMesh's sole remedy for an indemnified infringement claim, SendMesh may, at its option, (x) procure for Customer the right to continue using the Service, (y) modify the Service to be non-infringing, or (z) terminate the Agreement and refund any prepaid, unused Fees.

Procedure. The indemnified party shall (i) promptly notify the indemnifying party in writing of the claim, (ii) grant the indemnifying party sole control over the defense and settlement (provided that no settlement imposing liability on the indemnified party may be made without its prior written consent, not to be unreasonably withheld), and (iii) provide reasonable assistance at the indemnifying party's expense.

CAP ON DIRECT DAMAGES. EXCEPT FOR (I) A PARTY'S INDEMNIFICATION OBLIGATIONS UNDER SECTION 11, (II) CUSTOMER'S PAYMENT OBLIGATIONS UNDER SECTION 6, (III) EITHER PARTY'S BREACH OF SECTION 9 (CONFIDENTIALITY), AND (IV) LIABILITY THAT CANNOT BE LIMITED UNDER APPLICABLE LAW, EACH PARTY'S TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS SHALL NOT EXCEED THE GREATER OF (A) THE FEES PAID OR PAYABLE BY CUSTOMER TO SENDMESH IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY, OR (B) ONE HUNDRED U.S. DOLLARS ($100).

EXCLUSION OF CONSEQUENTIAL DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOSS OF PROFITS, REVENUE, GOODWILL, DATA, BUSINESS OPPORTUNITIES, OR REPUTATION, ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE), AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

BASIS OF THE BARGAIN. THE LIMITATIONS IN THIS SECTION 12 ARE A FUNDAMENTAL BASIS OF THE BARGAIN BETWEEN THE PARTIES. WITHOUT THEM, THE FEES AND OTHER TERMS WOULD BE MATERIALLY DIFFERENT.

EXCEPT AS EXPRESSLY SET FORTH IN SECTION 3 (AVAILABILITY SLA), THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SENDMESH DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE.

WITHOUT LIMITING THE FOREGOING, SENDMESH DOES NOT WARRANT THAT (A) THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE; (B) ANY PARTICULAR EMAIL WILL BE DELIVERED TO A RECIPIENT'S INBOX; (C) THE SERVICE WILL MEET CUSTOMER'S SPECIFIC REQUIREMENTS; OR (D) ERRORS OR DEFECTS WILL BE CORRECTED. CUSTOMER ACKNOWLEDGES THAT EMAIL DELIVERY IS INHERENTLY UNRELIABLE AND DEPENDS ON THIRD-PARTY MAIL PROVIDERS (e.g., GMAIL, OUTLOOK, YAHOO) OVER WHICH SENDMESH HAS NO CONTROL.

Neither party shall be liable for any failure or delay in performance (other than Customer's payment obligations) caused by events beyond its reasonable control, including acts of God, war, terrorism, pandemic, government action, labor dispute, fire, flood, earthquake, denial-of-service attack, internet outage, or failure of utilities or third-party cloud infrastructure. The affected party shall use reasonable efforts to resume performance. If a force majeure event continues for more than sixty (60) consecutive days, either party may terminate the Agreement without penalty by written notice.

Governing Law. These Terms and any dispute arising out of or related to them or the Service are governed by the laws of the Dubai International Financial Centre (DIFC), United Arab Emirates, without regard to its conflict-of-laws principles. The UN Convention on Contracts for the International Sale of Goods does not apply.

Informal Resolution. Before initiating any formal proceeding, the parties shall first attempt to resolve disputes informally by written notice to the other party and good-faith negotiation for thirty (30) days.

Binding Arbitration. Any dispute not resolved informally shall be finally settled by binding arbitration administered by the DIFC-LCIA Arbitration Centre under its Rules in effect at the time of the dispute. The arbitration shall be conducted by a sole arbitrator in Dubai, UAE, in English. Judgment on the award may be entered by any court of competent jurisdiction. The arbitrator may award any relief available in court, subject to the limitations in Section 12.

Class Action Waiver. EACH PARTY WAIVES ANY RIGHT TO BRING OR PARTICIPATE IN A CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION AGAINST THE OTHER. ALL DISPUTES MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITIES.

Injunctive Relief. Notwithstanding the foregoing, either party may seek injunctive or equitable relief in any court of competent jurisdiction to protect its intellectual property, Confidential Information, or to enforce Sections 5, 7, or 9.

Exception for Small Claims. Either party may bring qualifying claims in a small-claims court in lieu of arbitration.

Customer represents and warrants that (a) Customer is not located in, nor a national or resident of, any country subject to comprehensive U.S., UAE, UK, or EU sanctions (currently including but not limited to Cuba, Iran, North Korea, Syria, Crimea, Donetsk/Luhansk/Kherson/Zaporizhzhia); (b) Customer is not listed on any U.S. Treasury Department Office of Foreign Assets Control (OFAC) Specially Designated Nationals list, UK HM Treasury Consolidated List, or EU Consolidated Financial Sanctions List; and (c) Customer will not use the Service to export, re-export, or transfer, directly or indirectly, any data or technology in violation of applicable export control laws.

Customer may not assign or transfer these Terms or any rights or obligations hereunder, whether by operation of law or otherwise, without SendMesh's prior written consent, except in connection with a merger, acquisition, or sale of substantially all of Customer's assets, and only if the successor entity agrees in writing to be bound by these Terms. Any attempted assignment in violation of this Section is void. SendMesh may freely assign these Terms.

All notices under these Terms shall be in writing and deemed given when (i) delivered by email to the account administrator's registered email address (for notices to Customer) or to support@sendmesh.co (for notices to SendMesh); (ii) delivered by internationally recognized courier with delivery confirmation; or (iii) posted to the Customer account Dashboard. Notices take effect on the date of delivery or posting.

Entire Agreement. These Terms, together with the Privacy Policy, any DPA, and any order form or plan page referenced herein, constitute the entire agreement between the parties concerning the Service and supersede all prior or contemporaneous agreements, written or oral.

No Waiver. Failure to enforce any provision shall not constitute a waiver of that or any other provision.

Severability. If any provision is held invalid or unenforceable, the remaining provisions shall remain in full force and effect, and the invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable.

Independent Contractors. The parties are independent contractors. These Terms do not create an agency, partnership, joint venture, or employment relationship.

No Third-Party Beneficiaries. These Terms are solely for the benefit of the parties and their permitted successors and assigns, and do not confer any rights on any third party.

Headings. Section headings are for convenience only and have no substantive effect.

Language. These Terms are executed in English. Any translation is for convenience only; the English version controls in case of conflict.

Questions, notices, or concerns regarding these Terms may be addressed to:

SendMesh L.L.C.
Dubai, United Arab Emirates
support@sendmesh.co