Terms of service

Acceptance of these terms

These terms are an agreement between you and Skyscapesfl LLC, a Florida limited liability company doing business as SendDuo (“SendDuo”, “we” or “us”). By creating an account or using SendDuo you agree to them, to our Acceptable Use Policy below and to our Privacy policy.

If you use SendDuo for a business, you agree on behalf of that business and confirm you have authority to do so. “You” then means the business.

The service

SendDuo is an email marketing service. You can import contacts, design campaigns, send them from your own verified domain and see how they performed. We may improve, change or remove features over time. If we remove something important to a paid plan, we will tell you in advance.

Your account

• Give accurate information when you sign up and keep it up to date.
• Keep your password secure. You are responsible for everything that happens in your workspace. Tell us right away at support@sendduo.com if you think someone else has access.
• Each workspace has one owner, who is the person responsible for the account and the email it sends.
• You must be at least 16 and able to form a binding contract to use SendDuo.

Acceptable Use Policy

SendDuo is for permission-based email only. These rules protect your recipients, your sender reputation and every other customer who shares our sending infrastructure. Breaking them can lead to suspension or termination of your account.

Permission

• Every contact you email must have given you permission to receive marketing email from you, for example by signing up on your website or buying from you and agreeing to hear from you.
• Do not use purchased, rented, shared, scraped or harvested lists, or lists of people who did not ask to hear from you. Our import asks where your contacts came from and refuses purchased lists.
• Be ready to show how and when a contact gave you permission if we or Amazon Web Services ask.
• Automated emails follow the same rules. Welcome and Win-back emails go only to contacts who subscribed. SendDuo sends a person at most one automated email a day.
• Automated order follow-ups sent to customers who did not subscribe must be about their order (a thank-you, delivery news or a review request), not promotions. You are responsible for that content.
• Run SendDuo forms only on your own site, and keep the consent line they show. Abandoned cart emails go only to subscribers. You are responsible for your shop's cookie notice and privacy policy, including the plugin's cookie (the plugin suggests the text).

Unsubscribes and honest email

• Every campaign and automated email includes an unsubscribe link and a one-click unsubscribe header. SendDuo processes unsubscribes automatically and stops sending to that address. Do not remove the link, hide it or re-add people who unsubscribed.
• Use an accurate From name and address and a subject line that reflects what is in the email.
• Include your valid physical mailing address in every marketing email, as the CAN-SPAM Act requires. SendDuo adds the address from your Settings to every campaign footer and will not send until it is set.
• Follow the email and privacy laws that apply to you and your recipients, such as CAN-SPAM, CASL and the GDPR.

Prohibited content

Do not use SendDuo to send:

• anything illegal, or offers of goods and services that are illegal where offered
• phishing or malware, or links to either
• deceptive or misleading content, including false claims and get-rich-quick schemes
• sexually explicit or adult content
• hate speech, harassment, threats or content promoting violence
• regulated goods (such as drugs, weapons, gambling or tobacco) where sending it is illegal
• content that infringes someone else's intellectual property or privacy.

Domains, bounces and complaints

• You must verify a sending domain you own or control before sending campaigns. Only send from domains and addresses you are authorized to use.
• We review each new account's first campaign before it sends.
• We remove addresses that hard-bounce or mark your email as spam from future sends automatically.
• We monitor each workspace's bounce and complaint rates over a rolling 7-day window. We may pause your sending if your complaint rate reaches 0.1% or your bounce rate reaches 5%, or if we receive abuse reports about your email. We warn you before rates get that high when we can.

Report abuse to support@sendduo.com.

Plans, billing and usage

SendDuo has a free plan and paid monthly plans, each with a monthly email allowance. Current prices and allowances are on our pricing page.

• Payments are processed by Stripe, or by Shopify if you installed SendDuo from the Shopify App Store, in which case charges appear on your Shopify invoice and you approve each one in Shopify. Paid plans renew automatically every month (every 30 days through Shopify) until you cancel.
• Your allowance resets on the 1st of each month (UTC). A campaign that would go over your allowance does not send, and you are never charged extra. You can wait for the reset or upgrade.
• You can cancel at any time from the Billing page. When your subscription ends, your workspace moves to the free plan.
• Fees are not refunded for partial months or unused allowance, except where the law requires it.
• If a payment fails we may limit sending until it is resolved. We may change prices with at least 30 days' notice by email, and changes apply from your next billing period.
• Prices do not include taxes, which you are responsible for where they apply.

Your content and data

You own your content: your contacts, campaigns, templates, images and brand assets. You give SendDuo a limited license to store, copy, process and transmit that content only as needed to run the service for you, including sending your campaigns and reporting on them.

You confirm you have the rights and permissions needed for everything you upload, including your contacts' consent to receive your email.

For personal data in your contact lists, SendDuo acts as your processor. We will:

• process it only to provide the service and on your instructions
• never sell it or use it to email anyone on our own behalf
• keep it confidential and protect it with appropriate security, described on our Security page
• use only the subprocessors listed in our Privacy policy and tell you before adding new ones
• help you respond to your contacts' privacy requests
• tell you without undue delay if we learn of a breach affecting it
• delete it when you delete it or close your account, as described in our Privacy policy.

Suspension and termination

You can stop using SendDuo and ask us to close your account at any time by emailing support@sendduo.com.

We may pause sending or suspend your account, with or without notice, if you break these terms or the Acceptable Use Policy, if your email harms our sending reputation or other customers, if your payment fails or if the law requires it. Where we can, we will tell you why and give you a chance to fix the problem. We may end these terms for any reason with 30 days' notice.

Exporting your data

Your contacts and campaigns stay yours. Before or after your account closes, email support@sendduo.com and we will provide an export of your contacts and campaign content. After closing, we keep your data for up to 30 days so you can request an export, then delete it as described in our Privacy policy.

Disclaimers

SendDuo is provided “as is” and “as available”. To the extent the law allows, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose and non-infringement. We work hard on deliverability but cannot guarantee that any email will be delivered, reach the inbox or be opened, or that the service will be uninterrupted or error-free.

Limitation of liability

To the extent the law allows, SendDuo will not be liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue, data or goodwill. Our total liability for any claim relating to SendDuo is limited to the fees you paid us in the 12 months before the event that gave rise to the claim.

Indemnity

You will defend and indemnify SendDuo against any claims, damages, fines and costs (including reasonable legal fees) that arise from the email you send, your contact lists, your content or your breach of these terms or the law.

Changes to these terms

We may update these terms. We will change the date at the top of this page and email account owners about significant changes before they take effect. If you keep using SendDuo after a change takes effect, you accept the updated terms.

Governing law

These terms are governed by the laws of the State of Florida, without regard to its conflict of laws rules. Any dispute will be heard in the state or federal courts located in Florida, and you and SendDuo consent to their jurisdiction.

Contact

Questions about these terms go to support@sendduo.com. Skyscapesfl LLC, doing business as SendDuo, Florida, United States.