Legal

Terms of Service

Last updated: August 7, 2026

These Terms of Service (the "Terms") are a binding agreement between SendCanyon, Inc. ("SendCanyon", "we") and the customer accepting them ("you"). By creating an account or using the website, application, or APIs (the "Service"), you accept these Terms. If you accept on behalf of a company, you represent that you have authority to bind it.

1. The Service

SendCanyon is a platform for sending email outreach through mailboxes and domains you own and control: domain authentication, mailbox warmup, contact management, sequenced campaigns, and analytics. We do not provide mailboxes, sending infrastructure of our own, or recipient lists — messages are sent through your connected providers, from your addresses, at your direction. You are the sender of every message dispatched from your workspace.

2. Accounts and workspaces

  • You must be at least 16 and using the Service for business purposes. Information you provide at signup must be accurate and kept current.
  • You are responsible for safeguarding credentials and API keys, and for all activity under your account and workspace, including activity by team members you invite. Notify us at support@sendcanyon.com immediately of any unauthorized use.
  • Workspace roles (owner, admin, member, viewer) control what team members can do; assigning a role is your authorization of what that person may do in your workspace.
  • You must have the legal right to use every domain and mailbox you connect.

3. Acceptable use

Use of the Service is subject to our Acceptable Use Policy and Anti-Spam Policy, which are part of these Terms. In short: you must comply with all applicable email and privacy laws (including CAN-SPAM, GDPR, and CASL), you must have a lawful basis for contacting every recipient, unsubscribe requests must be honored, and abusive sending — measured by bounce and complaint thresholds defined in the Acceptable Use Policy — may result in sending suspension or termination. We may suspend sending immediately where continued activity risks harm to recipients, other customers, or the email ecosystem.

4. Your content and data

You retain all rights to the content and data you upload — contact lists, templates, message content, and everything sent or received through your connected mailboxes ("Customer Content"). You grant us a limited license to host, process, transmit, and display Customer Content solely to provide and secure the Service. You are responsible for having the necessary rights and legal bases for the Customer Content you upload and the messages you send. Our processing of personal data within Customer Content is governed by our Privacy Policy and, where executed, a Data Processing Addendum.

5. Plans, billing, and refunds

  • Paid plans are billed in advance on a monthly or annual cycle via our payment processor. Prices and plan limits (mailboxes, active contacts, tracked sends, seats) are as shown at purchase; usage above a limit is blocked or prompts an upgrade rather than incurring surprise charges.
  • Upgrades take effect immediately with proration; downgrades take effect at the end of the current billing cycle.
  • Fees are non-refundable except where required by law or expressly stated otherwise; if we materially fail to provide the Service and cannot remedy it, you may request a pro-rata refund for the unused period.
  • We may change pricing with at least 30 days' notice; changes apply from your next billing cycle.
  • Taxes are your responsibility where applicable; failed payments may lead to suspension after notice and retry.

6. Intellectual property

The Service — its software, design, documentation, and trademarks — belongs to SendCanyon and its licensors. We grant you a limited, non-exclusive, non-transferable license to use it during your subscription in accordance with these Terms. You may not copy, modify, resell, reverse-engineer (except as permitted by law), or build a competing service from it. Feedback you choose to send us may be used without obligation. Nothing in these Terms transfers ownership of Customer Content to us or of the Service to you.

7. Third-party services

The Service interoperates with third-party services you choose to connect — email providers (Google, Microsoft, Amazon SES, SMTP hosts), payment processing, and integrations. Your use of those services is governed by their terms, and we are not responsible for their availability, actions (including rate limits, suspensions, or policy enforcement against your accounts), or data practices.

8. Disclaimers

The Service is provided "as is" and "as available." To the maximum extent permitted by law, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Service will be uninterrupted or error-free, and — because inbox placement is decided by receiving mail systems we do not control — we make no guarantee of email deliverability, inbox placement, open rates, or reply rates. Some jurisdictions do not allow certain warranty exclusions, so parts of this section may not apply to you.

9. Limitation of liability

To the maximum extent permitted by law: (a) neither party is liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits, revenue, data, or goodwill; and (b) each party's total aggregate liability arising out of or relating to the Service is capped at the amounts you paid us in the 12 months before the event giving rise to the claim. These limits do not apply to your payment obligations, either party's indemnification obligations, your breach of Section 3, or liability that cannot be limited by law (such as fraud or willful misconduct).

10. Indemnification

You will defend and indemnify SendCanyon against third-party claims arising from your Customer Content, your sending practices, or your breach of Section 3 (including regulatory claims under email and privacy laws). We will defend and indemnify you against third-party claims that the Service, as provided by us and used as permitted, infringes their intellectual property rights.

11. Suspension and termination

  • You may cancel at any time from the billing page; cancellation stops renewal and the workspace becomes read-only when the paid period ends.
  • We may suspend sending immediately, with notice, where your usage breaches the Acceptable Use or Anti-Spam Policies or threatens the Service or other customers; dashboard access is preserved during sending suspensions where practicable.
  • We may terminate the agreement for material breach uncured within 14 days of notice, or immediately for serious abuse or unlawful activity.
  • After termination or closure, Customer Content remains exportable for 90 days, after which it is deleted per our Privacy Policy. Sections that by their nature survive (IP, disclaimers, liability, indemnity, governing law) survive termination.

12. Changes to the Service and these Terms

We improve the Service continuously and may add, change, or retire features; we will not materially degrade the core functionality you pay for during a paid term without an alternative or a pro-rata refund. We may update these Terms with at least 14 days' notice for material changes (by email or in-app); continued use after the effective date is acceptance. If you do not agree, cancel before the changes take effect.

13. Governing law and disputes

These Terms are governed by the laws of [jurisdiction to be confirmed before launch — placeholder: the State of Delaware, USA, excluding its conflict-of-law rules], and disputes will be resolved in the courts of that jurisdiction, except that either party may seek injunctive relief in any competent court. If any provision is unenforceable, the rest remain in effect. These Terms, together with the policies they incorporate and any order form or DPA, are the entire agreement.

14. Contact

Legal notices: legal@sendcanyon.com. General support: support@sendcanyon.com. Postal address: SendCanyon, Inc., [registered address to be inserted before launch].