Terms of Service

1. Agreement to Terms

By accessing or using SendyScale (the "Service"), operated by MONARCH SOLUTIONS SRL, you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not use the Service.

2. Description of Service

SendyScale is a fully-hosted email marketing platform that allows users to:

• Create and send email campaigns
• Manage subscriber lists
• Build automated email sequences
• Create subscription forms
• Track email analytics and performance
• Connect their own AWS SES account for email delivery

3. Account Registration

To use the Service, you must:

• Be at least 18 years old
• Provide accurate and complete registration information
• Maintain the security of your account credentials
• Promptly update any changes to your information
• Accept responsibility for all activities under your account

You are responsible for maintaining the confidentiality of your account and password. You agree to notify us immediately of any unauthorized use of your account.

4. Payment Terms

SendyScale offers a one-time payment model for lifetime access to the platform. By purchasing the Service:

• You agree to pay the stated price at the time of purchase
• Payment is processed securely through Stripe
• You are responsible for any AWS SES costs incurred through your own AWS account
• Prices are subject to change, but changes will not affect existing purchases

5. Acceptable Use Policy

You agree NOT to use the Service to:

• Send spam or unsolicited bulk email
• Send emails to purchased, rented, or harvested email lists
• Send content that is illegal, harmful, threatening, abusive, or defamatory
• Distribute malware, viruses, or other harmful code
• Violate any applicable laws or regulations (including CAN-SPAM, GDPR, CASL)
• Infringe on intellectual property rights of others
• Impersonate any person or entity
• Interfere with or disrupt the Service or servers
• Attempt to gain unauthorized access to any part of the Service
• Use the Service for phishing or fraudulent activities

Violation of this policy may result in immediate termination of your account without refund.

6. Email Compliance

You are solely responsible for ensuring your email campaigns comply with all applicable laws, including but not limited to:

• CAN-SPAM Act (United States)
• GDPR (European Union)
• CASL (Canada)
• PECR (United Kingdom)
• Any other applicable anti-spam or privacy legislation

You must obtain proper consent before adding subscribers to your lists and include a valid unsubscribe mechanism in all marketing emails.

7. AWS SES Integration

SendyScale requires you to connect your own AWS SES account. You acknowledge that:

• You are responsible for your AWS account and any associated costs
• You must comply with AWS Acceptable Use Policy and SES terms
• Your AWS credentials are stored securely and encrypted
• We are not responsible for any issues with your AWS account or SES service
• You are responsible for maintaining your SES sending reputation

8. Intellectual Property

The Service and its original content, features, and functionality are owned by MONARCH SOLUTIONS SRL and are protected by international copyright, trademark, and other intellectual property laws.

You retain ownership of any content you create or upload to the Service. By using the Service, you grant us a limited license to store and process your content solely for the purpose of providing the Service.

9. Limitation of Liability

To the maximum extent permitted by law, MONARCH SOLUTIONS SRL shall not be liable for:

• Any indirect, incidental, special, consequential, or punitive damages
• Loss of profits, data, use, goodwill, or other intangible losses
• Any damages resulting from unauthorized access to your account
• Any interruption or cessation of the Service
• Any bugs, viruses, or errors transmitted through the Service
• Any issues with AWS SES or third-party services

Our total liability shall not exceed the amount you paid for the Service.

10. Disclaimer of Warranties

The Service is provided "AS IS" and "AS AVAILABLE" without warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

We do not warrant that the Service will be uninterrupted, secure, or error-free, or that any defects will be corrected.

11. Account Termination

We reserve the right to suspend or terminate your account at any time if:

• You violate these Terms or our Acceptable Use Policy
• Your use of the Service poses a security risk
• We receive complaints about spam or abuse from your account
• Required by law or legal process

Upon termination, your right to use the Service will immediately cease. You may request export of your data within 30 days of termination.

12. Governing Law

These Terms shall be governed by and construed in accordance with the laws of Romania, without regard to its conflict of law provisions. Any disputes arising from these Terms shall be subject to the exclusive jurisdiction of the courts in Iasi, Romania.

13. Changes to Terms

We reserve the right to modify these Terms at any time. We will provide notice of significant changes by posting the updated Terms on this page and updating the "Last updated" date. Your continued use of the Service after changes constitutes acceptance of the modified Terms.

14. Contact Us

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

• Email: support@sendyscale.com
• Address: Str. Moara De Vant 459, Bl. C2, Ap. 11, Cod 700376, Iasi, Romania