Terms of Service

1. Acceptance of Terms

By creating an account or using SendWaves’ services (the “Service”), you (“Customer,” “you”) agree to be bound by these Terms of Service (“Terms”). If you use the Service on behalf of an organization, you represent that you have authority to bind that organization.

2. Description of Service

SendWaves provides infrastructure for outbound email operations, including: (a) setup and hosting of email mailboxes, (b) monitoring of email deliverability and mailbox health, and (c) purchase and management of domains on behalf of Customer.

3. Eligibility and Account Registration

You must be at least 18 years old and able to form a binding contract to use the Service. You are responsible for maintaining the confidentiality of your account credentials and for all activity under your account.

4. Acceptable Use

You agree not to use the Service to: send unsolicited email in violation of CAN-SPAM, CASL, GDPR, or other applicable anti-spam or data protection laws; send content that is fraudulent, deceptive, defamatory, obscene, or infringing; send malware, phishing content, or illegal material; or otherwise abuse mailbox warm-up, sending volume, or infrastructure in a way that degrades deliverability for other customers. You are solely responsible for obtaining any required consent from your recipients and for the content and legality of the email you send. SendWaves may impose reasonable volume, rate, or bounce-rate limits to protect mailbox and domain health.

5. Mailbox and Domain Services

SendWaves facilitates the setup of mailboxes and the purchase and configuration of domains on your behalf. Domains purchased through SendWaves are registered using registrant information you provide and are subject to the policies of our registrar partner and the relevant domain registry (including ICANN). Mailboxes and domains provisioned through the Service may not be transferred, resold, or used outside the Service without our prior written consent.

6. Fees and Payment

Fees for the Service are billed as described at checkout or in your order form and processed through Stripe. Fees are non-refundable except as required by law or as expressly stated in a separate agreement. You authorize SendWaves to charge your payment method on file for all applicable fees, including recurring charges.

7. Deliverability; No Guarantee

SendWaves monitors mailbox and domain health signals (bounces, spam complaints, blacklist status, authentication results) to help maintain deliverability. SendWaves does not guarantee inbox placement, delivery, or that any mailbox or domain will avoid being blocklisted or restricted by a third-party mail provider, registrar, or ISP, as these outcomes depend in part on factors outside our control, including your own sending practices.

8. Customer Data and Content

As between you and SendWaves, you retain all rights to the content of the emails you send. SendWaves does not access, read, or store the content of your email communications; see our Privacy Policy for details on the data we do collect and how we use it. You are solely responsible for the legality, accuracy, and appropriateness of content sent through the Service.

9. Third-Party Services

The Service relies on third-party providers, including a payment processor (Stripe), a domain registrar partner, and cloud hosting providers. SendWaves is not responsible for outages, policy changes, or actions taken by these third parties, including a registrar’s suspension of a domain or an email provider’s restriction of a mailbox.

10. Intellectual Property

SendWaves retains all rights, title, and interest in the Service, including all software, branding, and documentation. These Terms do not grant you any rights to SendWaves’ intellectual property except the limited right to use the Service as provided herein.

11. Suspension and Termination

SendWaves may suspend or terminate your access to the Service, with or without notice, if you violate these Terms (including the Acceptable Use section), fail to pay fees when due, or if your use poses a risk to the deliverability or security of SendWaves’ infrastructure or other customers. You may terminate your account at any time; fees already paid are non-refundable except as stated in Section 6.

12. Disclaimers

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SENDWAVES DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR THAT ANY EMAIL WILL BE SUCCESSFULLY DELIVERED.

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SENDWAVES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR BUSINESS, ARISING FROM YOUR USE OF THE SERVICE. SENDWAVES’ TOTAL LIABILITY FOR ANY CLAIM ARISING FROM THESE TERMS WILL NOT EXCEED THE FEES YOU PAID TO SENDWAVES IN THE 3 MONTHS PRECEDING THE CLAIM.

14. Indemnification

You agree to indemnify and hold SendWaves harmless from any claims, damages, or expenses (including reasonable attorneys’ fees) arising from your violation of these Terms, your violation of applicable law, or the content you send through the Service.

15. Governing Law and Disputes

These Terms are governed by the laws of the State of Texas, without regard to conflict-of-law principles, and any dispute will be resolved in the state or federal courts located in Travis County, Texas.

16. Changes to These Terms

We may update these Terms from time to time. We will post the updated version with a new “Last Updated” date and, for material changes, provide additional notice.

17. Contact

Questions about these Terms: support@sendwaves.com