PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE COMPLETING YOUR PURCHASE. BY CHECKING THE ACCEPTANCE BOX AND COMPLETING THE CHECKOUT PROCESS, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE LEGALLY BOUND BY THESE TERMS AND CONDITIONS, INCLUDING THE MANDATORY ARBITRATION PROVISION AND CLASS ACTION WAIVER IN SECTION 12. IF YOU DO NOT AGREE TO ALL TERMS, DO NOT COMPLETE YOUR PURCHASE.
1. PARTIES, AGREEMENT, AND BUSINESS-USE REQUIREMENT
These Terms and Conditions of Service ("Agreement") constitute a legally binding contract between you, the purchasing entity or authorized representative thereof ("Customer," "you," or "your"), and SendtoWin LLC, a Florida limited liability company, operator of the SendTech platform and services ("SendTech," "Company," "we," "us," or "our"), with its principal place of business in Palm Beach County, Florida.
SendTech is a product and platform operated by SendtoWin LLC. The legal contracting entity in all transactions is SendtoWin LLC. All invoices, legal notices, rights, and obligations under this Agreement run to and from SendtoWin LLC. Any reference to SendTech herein refers to the SendTech product and platform operated by SendtoWin LLC.
BUSINESS AND PROFESSIONAL USE ONLY. The Services are intended solely for business, commercial, entrepreneurial, and professional use, including use by companies, organizations, sole proprietors, freelancers, consultants, agencies, and individuals acting for business or professional purposes. The Services are not intended for private, personal, family, or household use. By purchasing or using the Services, Customer represents and warrants that Customer is a business customer and is not purchasing the Services as a consumer for personal, family, or household purposes.
By purchasing any Service through the SendTech platform at app.sendtowin.com (the "Platform"), you represent and warrant that:
You are at least 18 years of age and have the legal capacity to enter into binding contracts;
If acting on behalf of a company or other legal entity, you have the authority to bind such entity to this Agreement, and the term "Customer" shall refer to such entity;
You are purchasing the Services for business or professional purposes and not as a consumer for personal, family, or household use;
You are not located in, or a national or resident of, any jurisdiction subject to U.S. government embargo or sanctions;
Your use of the Services will comply with all applicable laws, rules, and regulations; and
All information you provide in connection with your purchase and use of the Services is and will remain accurate and complete.
2. DESCRIPTION OF SERVICES
SendTech provides the following services through its self-service platform (collectively, the "Services"). SendTech reserves the right, in its sole discretion and without liability to Customer, to modify, suspend, discontinue, or replace any Service or feature at any time.
2.1 Domain Acquisition and Renewals
SendTech facilitates the search, registration, and renewal of internet domain names on behalf of the Customer through one or more third-party ICANN-accredited registrars (each, a "Registrar"). SendTech acts solely as an intermediary and reseller of registration services and is not itself an ICANN-accredited registrar. All domain registrations are subject to: (a) the terms and policies of the applicable Registrar; (b) ICANN's Registration Data Policy and Registrar Accreditation Agreement, as updated from time to time, including the 2025 Registration Data Policy amendments effective August 21, 2025; and (c) registry-specific policies for the applicable top-level domain. The Customer, not SendTech, is and shall remain the registered domain holder of record. SendTech makes no representation or warranty regarding the availability of any domain name or the outcome of any registration request. ICANN’s Add Grace Period (AGP) allows a registrar to delete a newly registered domain within five (5) calendar days of registration and receive a credit from the applicable registry. SendTech does not commit to initiating an AGP deletion on Customer’s behalf for any reason, including Customer’s desire to receive a refund. Whether to initiate an AGP deletion is at the sole discretion of the applicable Registrar. Customer’s decision to register a domain through the Platform is irrevocable from SendTech’s perspective upon checkout, regardless of whether an AGP window remains open at the Registrar level.
2.2 Domain Maintenance and Warm-Up Services
SendTech provides technical configuration and domain warm-up services designed to support technical configuration and reputation-building efforts for Customer domains with major inbox providers. Services include, but are not limited to:
DNS record configuration including SPF, DKIM, and DMARC authentication;
Structured sending volume ramp-up over a defined timeline;
Monitoring of domain health and reputation metrics; and
Technical recommendations to support deliverability.
Domain or URL forwarding from campaign domains to Customer's primary website or domain is not enabled by default. Customer may request that SendTech enable or maintain such forwarding, or Customer may configure such forwarding independently. In either case, Customer acknowledges that forwarding may cause third-party spam filters, reputation services, security systems, internet service providers, or other third parties to associate the campaign domains with Customer's primary website or domain, which may result in filtering, restriction, blocking, accessibility issues, deliverability impact, or other adverse effects. Customer assumes the risks associated with any such forwarding, and SendTech shall not be responsible for any resulting impact to Customer's domains, website, deliverability, reputation, or accessibility, subject to Section 10.
IMPORTANT DISCLAIMER: SendTech makes no warranty or guarantee of any specific deliverability outcome, inbox placement rate, open rate, reply rate, sender reputation score, domain availability, blacklist removal, Google or Microsoft account continuity, warm-up speed, or any other performance metric. Deliverability is determined exclusively by third-party inbox providers using proprietary algorithms outside SendTech's knowledge or control. SendTech's services improve technical infrastructure only; they do not guarantee outcomes.
2.3 Email Account Creation and Warm-Up Services
SendTech provides the setup, configuration, and warm-up of email accounts tied to Customer-owned or Customer-provisioned domains. Supported environments include Google Workspace (Gmail), Microsoft 365 (Outlook), and custom SMTP configurations. Services include:
Email account setup and authentication configuration;
Structured warm-up scheduling and ramp-up activity;
SPF, DKIM, and DMARC alignment and monitoring; and
Deliverability monitoring and periodic reporting.
THIRD-PARTY PROVIDER NOTICE: Third-party providers, including Google, Microsoft, registrars, DNS providers, hosting providers, inbox providers, and anti-abuse systems, may restrict, suspend, terminate, throttle, blacklist, filter, or otherwise limit domains, accounts, messages, DNS records, or services based on their own policies, algorithms, abuse detection, reputation systems, or business decisions, at any time and without notice. SendTech does not control such providers and is not responsible for their actions, inactions, policy changes, enforcement decisions, or technical determinations. Customer is solely responsible for confirming that Customer's use of the Services is permitted under all applicable third-party provider terms.
2.4 Customer Authorization for Technical Access
Customer expressly authorizes SendTech and its personnel, contractors, vendors, and subprocessors to access, configure, modify, monitor, test, send from, receive into, and otherwise administer Customer's domains, DNS records, email accounts, registrar accounts, Google Workspace accounts, Microsoft 365 accounts, SMTP services, APIs, OAuth connections, inboxes, warm-up tools, monitoring tools, and related systems, solely as reasonably necessary to provide the Services. This authorization is a material condition of SendTech's ability to deliver the Services and shall remain in effect for the duration of the applicable Service subscription.
2.5 No Legal or Compliance Advice
SendTech provides technical infrastructure services only. SendTech does not provide legal, regulatory, privacy, marketing-compliance, deliverability-certification, or tax advice. Customer is solely responsible for obtaining its own legal advice and determining whether its email practices, data sources, contact lists, consent practices, opt-out practices, message content, and use of the Services comply with all applicable laws, including CAN-SPAM, GDPR, CCPA, TCPA, and any other applicable regulations. The fact that SendTech provides warm-up or deliverability services does not constitute any representation that Customer's sending practices are lawful or compliant.
2.6 Aggregated Data Rights
Customer acknowledges and agrees that SendTech may collect, generate, and use anonymized and aggregated data derived from Customer's use of the Services for any lawful business purpose, including product improvement, benchmarking, analytics, and service development. Such aggregated data will not identify Customer or any individual user. SendTech retains all right, title, and interest in all such aggregated data.
3. SUBSCRIPTIONS, BILLING, AND PAYMENT
3.1 Required Payment Method on File
A valid payment method is required as a condition of activating and maintaining any Service. Customer must provide a valid credit card, debit card, or Stripe Link payment method at the time of purchase. Payment methods are processed and stored securely by Stripe, Inc. ("Stripe"), SendTech's third-party payment processor. SendTech does not store or have access to raw payment card data. The payment method on file will be charged for the initial purchase, all subsequent recurring charges, and any additional purchases authorized by Customer, without further authorization. Customer may update the payment method on file at any time through the customer portal but may not delete a payment method without first designating a valid replacement. Removal of a payment method without providing a replacement constitutes a breach of this Agreement and may result in immediate suspension of Services.
3.2 Subscription Auto-Renewal Authorization
All Services are provided on a subscription basis and are billed in advance for the applicable billing period (monthly or annual, as selected by Customer at checkout). BY COMPLETING THE CHECKOUT PROCESS, CUSTOMER EXPRESSLY AUTHORIZES SENDTECH TO CHARGE THE PAYMENT METHOD ON FILE FOR THE INITIAL SUBSCRIPTION FEE AND FOR EACH SUBSEQUENT AUTOMATIC RENEWAL AT THE THEN-CURRENT PRICE WITHOUT FURTHER AUTHORIZATION OR NOTICE, UNLESS CUSTOMER CANCELS IN ACCORDANCE WITH SECTION 3.5. Subscriptions automatically renew for successive periods equal to the original subscription term unless cancelled. Cancellation of any subscription is available at any time through the same self-service customer portal used at checkout, without the requirement to contact customer support.
3.3 Pricing and Modifications
SendTech reserves the right to modify subscription pricing at any time. For active subscriptions,price increases will take effect at the start of the next billing period following thirty (30) days' notice posted to app.sendtowin.com/terms or communicated through the customer portal. Customer's continued use of the Services following a price change constitutes acceptance of the new pricing. SendTech may also introduce new fees for additional features, usage tiers, or service tiers at any time upon notice.
3.4 Taxes and Surcharges
All subscription fees are exclusive of applicable federal, state, local, and foreign taxes, levies, duties, and surcharges. Customer is solely responsible for all taxes associated with the purchase and use of the Services, except for taxes imposed on SendTech's net income. To the extent SendTech is legally required to collect taxes, such amounts will be added to Customer's invoice.
3.5 Cancellation Policy
Customer may cancel an active subscription at any time through the customer portal at app.sendtowin.com. Cancellation takes effect at the end of the then-current billing period. Customer retains access to the Services through the end of the paid billing period. No prorated refunds or credits are issued for any unused portion of a billing period, for any reason.
3.6 No Refund Policy
ALL FEES PAID TO SENDTECH ARE NON-REFUNDABLE. This includes, without limitation: (a) domain registration and renewal fees, which are non-refundable once the registration is processed with the underlying Registrar as domain registrations are immediately and irrevocably committed with the registry; (b) subscription fees for any current or past billing period, regardless of whether Customer used the Services during such period; (c) fees for any Service interrupted or degraded due to causes outside SendTech's reasonable control; and (d) fees incurred prior to cancellation. Customer expressly acknowledges and agrees to this no-refund policy as a material condition of this Agreement. SendTech's sole obligation in the event of a Service outage caused by SendTech, if any, shall be determined at SendTech's sole and absolute discretion. Customer further acknowledges that the non-refundable nature of domain registration fees was separately disclosed and accepted at the domain selection and checkout confirmation screen prior to payment processing, and that such disclosure constitutes an additional and independent acceptance of this no-refund policy. Customer further acknowledges that domain registration fees are non-refundable regardless of whether an Add Grace Period window may be open at the Registrar level, as further described in Section 2.1.
3.7 Failed and Disputed Payments; Chargeback Policy
If a scheduled charge fails, SendTech may attempt to re-process the payment at its discretion. If payment remains unsuccessful, SendTech may immediately suspend or terminate Customer's access to all Services without further notice. All outstanding amounts continue to accrue. Accounts suspended for non-payment may be subject to a reactivation fee at SendTech's then-current rate.
CHARGEBACK POLICY: Customer agrees to contact SendTech directly at billing@sendtowin.com to resolve any billing dispute before initiating any chargeback, reversal, or dispute with Customer's payment card issuer, bank, or payment provider. An improper chargeback, payment reversal, or dispute for an authorized charge without first attempting to resolve the billing issue with SendTech constitutes a material breach of this Agreement. In the event Customer initiates a chargeback or payment reversal for any fee authorized under this Agreement: (a) SendTech may immediately suspend access to ALL of Customer's accounts and services, including all domain registrations, email accounts, and warm-up services, without notice or refund; (b) all data hosted on SendTech's systems in connection with Customer's account may be suspended, disabled, preserved for evidentiary, legal, tax, billing, security, or compliance purposes, exported where legally required, or deleted in accordance with this Agreement and applicable law; (c) Customer's right to access any Service shall be permanently terminated unless SendTech, in its sole discretion, agrees to reinstate service upon receipt of all unpaid fees plus a reinstatement fee of $50.00 per account; (d) Customer shall be liable for all costs SendTech incurs in contesting the chargeback, including chargeback processing fees and reasonable attorneys' fees; and (e) SendTech reserves the right to report verified instances of chargeback abuse to Stripe, applicable payment networks, and, where permitted by applicable law, to consumer reporting agencies or fraud databases.
4. ACCEPTABLE USE POLICY
Use of the Services is conditioned on Customer's strict compliance with this Section 4. The acceptable use requirements set forth herein are a material condition of access to the Services. SendTech reserves the right to suspend or terminate access immediately and without refund upon any violation.
4.1 CAN-SPAM Act Compliance
Customer agrees to comply fully with the CAN-SPAM Act of 2003 (15 U.S.C. Section 7701 et seq.) and all applicable anti-spam and commercial email laws in every jurisdiction in which Customer sends commercial electronic mail. Customer shall not send commercial email unless Customer has a lawful basis, permission, consent, legitimate interest, pre-existing business relationship, or other legally sufficient basis under all applicable laws. Without limiting the foregoing, Customer shall not:
Use false, deceptive, or misleading header information, including 'From,' 'Reply-To,' 'To,' or routing information;
Use deceptive or misleading subject lines that do not accurately reflect the content of the message;
Fail to identify commercial messages as advertisements where required by law;
Fail to include a valid physical postal address in each commercial message;
Fail to provide a clear and conspicuous opt-out mechanism in each commercial message;
Fail to honor opt-out requests within ten (10) business days of receipt; or
Use or cause to be used the Services to transmit unsolicited bulk commercial email (spam).
4.2 Prohibited Uses and Industries
Customer shall not use the Services, directly or indirectly, for or in connection with:
Phishing, spoofing, domain hijacking, business email compromise, fake invoice schemes, impersonation, or any fraudulent or deceptive activity;
Malware distribution, credential harvesting, evasion techniques, or fake login pages;
Any illegal, unlawful, or unauthorized activity under applicable local, state, federal, or international law;
Adult sexual services, escort services, or pornographic content;
Weapons, ammunition, regulated firearms, or controlled substances;
Unlicensed gambling, sweepstakes, or lottery services;
Payday lending, debt relief, credit repair, or get-rich-quick schemes;
Misleading health, supplement, or medical claims;
Cryptocurrency or investment promotions that are unregistered or violate applicable securities laws;
Political persuasion campaigns where regulated or unlawful under applicable election laws;
Circumventing, disabling, reverse-engineering, or interfering with the Platform, its security features, or any third-party infrastructure;
Reselling, sublicensing, white-labeling, or transferring access to the Services without SendTech's prior written consent;
Benchmarking, publishing performance comparisons, or disclosing technical test results without SendTech's prior written consent;
Deepfake generation or AI-generated impersonation of real individuals or entities;
Automated political micro-targeting in violation of applicable election laws; or
Training, developing, or improving any artificial intelligence, machine learning, or large language model system without SendTech’s prior written consent. Any request for consent to use the Services for AI training or related purposes must be submitted in writing to billing@sendtowin.com and shall not be deemed granted absent a fully executed written agreement signed by an authorized officer of SendtoWin LLC.
4.3 Customer Data and Contact List Obligations
Customer is solely and exclusively responsible for its contact data and email sending practices. Customer represents, warrants, and covenants that:
All contact data provided to or used through the Services was lawfully obtained and Customer has all necessary consents, permissions, legitimate interests, or other lawful basis under all applicable laws to use such data;
Customer maintains current suppression lists and honors all opt-out and unsubscribe requests in compliance with applicable law;
Customer will not upload, transmit, or use sensitive personal information, including health data, financial account data, government identification numbers, biometric data, or children's data through the Services;
Customer is solely responsible for responding to data subject access requests, deletion requests, opt-outs, and recipient complaints related to data processed through the Services;
Customer will not use purchased, scraped, harvested, or otherwise improperly obtained contact data in violation of applicable law or third-party provider terms; and
Customer's contact data sources, collection methods, and use of the Services comply with CAN-SPAM, GDPR, CCPA, and all other applicable privacy and marketing laws.
4.4 Customer Responsibility; No Liability Transfer
Customer is solely and exclusively responsible for: (a) all content of emails sent using domains or email accounts provisioned through the Services; (b) maintaining a spam complaint rate below 0.10% as measured by Google Postmaster Tools or equivalent; (c) maintaining clean, permission-based email lists; and (d) compliance with all applicable laws governing Customer's sending activity. SendTech shall have no liability of any kind for claims, penalties, fines, blacklistings, account suspensions, or damages arising from Customer's email sending practices, content, or compliance failures.
4.5 Monitoring, Throttling, and Audit Rights
SendTech reserves the right, but not the obligation, to monitor Customer's use of the Services. If SendTech reasonably suspects a violation of this Acceptable Use Policy, or if SendTech detects or is notified of bounce rate spikes, spam complaint increases, provider warnings, DNS misconfiguration, blocklist events, high-risk content patterns, registrar demands, payment processor risk flags, or any other condition that poses a risk to SendTech's infrastructure or reputation, SendTech may, in its sole discretion and without prior notice or liability: (a) immediately throttle, pause, reduce, quarantine, or disconnect any warm-up or sending activity; (b) suspend Customer's access to the Services; (c) require Customer to provide documentation demonstrating compliance; and (d) terminate this Agreement with forfeiture of all prepaid fees. Customer agrees to cooperate promptly with any reasonable compliance audit or investigation initiated by SendTech.
4.6 Warm-Up Pool Data
In connection with the warm-up Services, Customer's domains or accounts may interact with other accounts within SendTech's warm-up network. Customer acknowledges that it may be incidentally exposed to technical metadata from other accounts in the warm-up pool and agrees that it is strictly prohibited from capturing, storing, sharing, transferring, or using any such data for any purpose whatsoever. Any violation of this Section constitutes a material breach of this Agreement and grounds for immediate termination without refund.
5. DOMAIN REGISTRATION, OWNERSHIP, AND TRANSFER
5.1 Domain Ownership
All domains registered through the SendTech platform are registered in the name of the Customer and are owned solely by the Customer. SendTech claims no ownership interest in any domain registered on Customer's behalf. Customer is the registrant of record and bears all legal obligations that flow from that status under ICANN policy and applicable law.
Domain ownership does not include any continuing right to SendTech-managed DNS, email accounts, warm-up services, deliverability monitoring, support, software access, templates, configurations, or third-party subscriptions after cancellation, termination, or non-payment. Customer is solely responsible for exporting DNS records, mailbox data, credentials, reports, and configuration information before the effective date of termination or cancellation.
5.2 ICANN Policies; UDRP and URS
By registering any domain name through the SendTech platform, Customer expressly agrees to be bound by all current and future ICANN consensus policies and all policies of the applicable top-level domain (TLD) registry, including but not limited to:
The Uniform Domain Name Dispute Resolution Policy ("UDRP"), available at https://www.icann.org/resources/pages/policy-2012-02-25-en, and the applicable UDRP Rules and Supplemental Rules of any approved UDRP dispute resolution provider;
The Uniform Rapid Suspension System ("URS"), available at http://newgtlds.icann.org/en/applicants/urs, and the applicable URS Rules and Supplemental Rules; and
ICANN's Registration Data Policy (effective August 21, 2025) and any subsequent amendments thereto.
Customer acknowledges that the UDRP and URS may be amended by ICANN at any time and that the version in effect at the time of any dispute shall govern. If the registration or use of any domain registered through SendTech is challenged by a third party under the UDRP or URS, Customer shall be subject to those proceedings in full and shall indemnify and hold harmless SendTech and the underlying Registrar from all resulting costs, claims, and liabilities, including reasonable attorneys' fees, as further set forth in Section 11.
5.3 Registry-Specific Requirements
Certain top-level domain registries impose additional contractual requirements on registrants beyond those set forth in this Agreement. Customer is solely responsible for reviewing, understanding, and complying with all registry-specific terms and conditions applicable to each TLD in which Customer registers a domain. SendTech makes no representation that any domain registration will comply with registry-specific requirements, and SendTech shall have no liability for the suspension, cancellation, or rejection of any domain registration that fails to meet such requirements.
5.4 WHOIS/RDAP Data; Irrevocable Disclosure Waiver
Customer acknowledges and agrees that registration data may be made publicly available through WHOIS or RDAP lookup services as required or permitted by ICANN policy, applicable law, or registry requirements. Customer hereby irrevocably waives any claim arising from mandatory disclosure of registration data required by ICANN policy, applicable law, or registry requirements. SendTech shall have no liability to Customer for any such disclosure. Customer further consents to SendTech processing and sharing registration data with ICANN, applicable registry operators, ICANN-authorized escrow services, and governmental or law enforcement authorities as required by applicable law or ICANN policy.
5.5 Designated Agent Authorization
Customer hereby expressly designates SendTech and/or the underlying ICANN-accredited Registrar as Customer's Designated Agent under ICANN's Transfer Policy for the purpose of approving requests to modify registrant information and changes in domain ownership. Customer also expressly opts out of the 60-day inter-registrar transfer lock that would otherwise apply following a material change in registrant information or domain ownership, except that the 60-day lock shall continue to apply to any domain purchased through a marketplace or aftermarket transaction.
5.6 Domain Expiration; Reactivation; Redemption
Customer is solely responsible for monitoring domain expiration dates and ensuring timely renewal. SendTech and/or the applicable Registrar will use commercially reasonable efforts to send renewal reminder notices consistent with ICANN's Expired Registration Recovery Policy (ERRP), which notices may be delivered by the applicable Registrar directly, through the customer portal, or via the email address on file. These notices are provided as a courtesy and do not relieve Customer of the sole responsibility to renew. Customer's failure to maintain a valid payment method may result in non-renewal, expiration, deletion, redemption fees, auction, loss, or transfer restrictions.
Upon expiration of a domain registration, the following may occur at the sole discretion of SendTech or the underlying Registrar, without notice or liability to Customer:
Reactivation Period (approximately 30-43 days post-expiration): The domain may be renewed at standard or elevated renewal fees, or redirected to a parking page displaying paid advertisements, the proceeds of which SendTech and/or the Registrar are entitled to retain in full.
Redemption Grace Period ("RGP") (approximately 30-40 days after the Reactivation Period): The domain may be available for redemption at a significantly higher RGP fee plus standard renewal fees. SendTech and/or the Registrar may, in their sole discretion, elect not to participate in the RGP process.
Extended Redemption Grace Period ("ERGP"): The Registrar may pay the registry fee to continue the registration and redirect the domain to a parking page. Customer may reclaim the domain during the first 120 days upon payment of the applicable ERGP fee. Failure to reclaim within 120 days constitutes abandonment of all rights to the domain.
Auction or Re-registration: The domain may be auctioned to a third party or made available for re-registration to any party. SendTech and/or the Registrar are entitled to retain all proceeds from any such auction. Customer shall have no claim to such proceeds.
SENDTECH SHALL HAVE NO LIABILITY WHATSOEVER FOR DOMAIN EXPIRATION, LOSS, REDIRECTION, PARKING, AUCTION, OR RE-REGISTRATION BY A THIRD PARTY RESULTING FROM CUSTOMER'S FAILURE TO RENEW. CUSTOMER ASSUMES ALL RISK OF DOMAIN LOSS UPON EXPIRATION.
5.7 Domain Transfer; Transfer Reversal Fees
Upon cancellation or termination of Services, Customer retains full legal ownership of all registered domains. To transfer a domain to an alternative registrar, Customer must submit a written transfer request to support@sendtowin.com. SendTech may require Customer to pay all undisputed outstanding amounts and complete reasonable identity and account verification before providing administrative transfer assistance, except to the extent prohibited by applicable ICANN policy. SendTech will use commercially reasonable efforts to provide all required authorization codes (EPP/transfer codes) following a verified written request and confirmation that no outstanding balances are owed. Domain transfers are subject to applicable ICANN transfer policies, including applicable lock periods.
In the event SendTech is required to investigate or reverse an unauthorized or fraudulent registrant transfer or account access incident, Customer agrees to pay SendTech's then-current administrative fee not to exceed $150.00 per hour for investigation and $150.00 per transfer reversal, plus any fees charged by the underlying Registrar or registry. The foregoing fees shall apply only where the unauthorized or fraudulent transfer or access incident resulted from Customer's own actions, negligence, or failure to secure Customer's account credentials, and shall not apply to incidents caused solely by SendTech's failure to maintain commercially reasonable security controls.
6. INTELLECTUAL PROPERTY
6.1 SendTech Platform Ownership
The SendTech platform and all components thereof, including all software, source code, object code, algorithms, interfaces, designs, methodologies, processes, tools, templates, documentation, and all enhancements, modifications, and derivative works, whether created by SendtoWin LLC or developed based on Customer feedback, are and shall remain the sole and exclusive property of SendtoWin LLC, the operator of the SendTech platform. This Agreement grants Customer only a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the SendTech platform during the active subscription term solely for Customer's internal business operations. No other rights are granted, expressly or by implication.
6.2 Customer Data
Customer retains all right, title, and interest in Customer Data. "Customer Data" means data, content, and information that Customer directly submits to the Platform. Customer grants SendTech a limited, non-exclusive, worldwide license to process, store, transmit, and use Customer Data solely as necessary to provide the Services. SendTech shall not sell, disclose, or use Customer Data for any purpose other than providing the Services, except as permitted under Section 2.6 (Aggregated Data Rights) or as required by law.
6.3 Feedback and Suggestions
If Customer provides SendTech with any ideas, suggestions, enhancement requests, recommendations, or other feedback regarding the Services ("Feedback"), Customer hereby irrevocably assigns all right, title, and interest in such Feedback to SendtoWin LLC. SendTech may use, incorporate, commercialize, or discard Feedback in its sole discretion without obligation, compensation, or attribution to Customer. Customer waives all moral rights in Feedback to the extent permitted by applicable law.
6.4 Restrictions on Use
Customer shall not: (a) copy, reproduce, modify, adapt, translate, or create derivative works of the Platform or any part thereof; (b) reverse-engineer, decompile, disassemble, or attempt to derive the source code of any component of the Platform; (c) remove, obscure, or alter any copyright, trademark, or other proprietary notices; (d) frame, mirror, or scrape any content from the Platform; (e) use the Platform to develop a competitive product or service; or (f) permit any third party to do any of the foregoing.
6.5 Use of Customer Name and Logo
SendtoWin LLC, as operator of SendTech, may use Customer’s name and logo on SendTech’s or SendtoWin’s websites and in other marketing materials to identify Customer as a current or former customer. Customer may revoke this permission at any time by written notice, after which SendtoWin LLC will discontinue such use within thirty (30) days.
7. DATA PRIVACY AND SECURITY
7.1 Data Processing
SendTech collects and processes personal data solely as necessary to provide the Services, including account and billing data, domain registration data required by ICANN, payment data processed through Stripe, and technical operational data generated through warm-up and email infrastructure services. SendTech does not process Customer contact lists, prospect databases, or recipient personal data as part of its domain acquisition, warm-up, or email infrastructure services. SendTech's data practices are further described in the SendTech Privacy Policy, which is incorporated into this Agreement by reference.
7.2 Sensitive Data Prohibition
Customer shall not upload, transmit, or process through the Services any sensitive personal information, including but not limited to: health or medical data; financial account numbers or payment card data outside of the Stripe payment flow; government-issued identification numbers; biometric data; racial or ethnic origin data; political opinions; trade union membership; religious or political beliefs; or personal data of individuals under 18 years of age. Customer assumes all liability for any sensitive data uploaded or transmitted in violation of this Section.
7.3 Security
SendTech implements and maintains commercially reasonable technical and organizational security measures designed to protect Customer Data against unauthorized access, disclosure, alteration, or destruction. However, no system is completely secure. SendTech does not warrant that the Services will be free from unauthorized access, data breaches, or security incidents. Customer is responsible for maintaining the security of its own account credentials and for all activity that occurs under its account.
7.4 Data Retention and Deletion
Upon termination of this Agreement, SendTech will retain Customer Data for a period of sixty (60) days, during which Customer may request export of its data. After such period, SendTech may delete all Customer Data without further obligation. Customer is solely responsible for exporting its data prior to expiration of this retention period. Notwithstanding the foregoing, SendTech may retain data as required by applicable law, regulatory requirement, tax obligations, legal proceedings, fraud prevention, security, or billing dispute resolution.
7.5 Usage Monitoring and Session Replay
Customer acknowledges that SendTech records interactions with the Platform - including pages visited, clicks, navigation, browser and device diagnostics, and the timing and status of network requests - using third-party session replay and error monitoring providers, for the purposes of diagnosing errors, maintaining security, and improving the Services. SendTech configures these tools to withhold the content of form fields, the bodies of network requests and responses, authentication credentials and tokens, and the customer data displayed on authenticated pages. Customer may request deletion of its session recordings and cessation of further recording at any time through Settings > Compliance or by contacting billing@sendtowin.com. Session replay is described in full in the Privacy Policy, which is incorporated into this Agreement by reference.
8. CONFIDENTIALITY
Each party agrees to hold in strict confidence all non-public, proprietary, or confidential information disclosed by the other party under or in connection with this Agreement ("Confidential Information"), and to use such information solely to fulfill its obligations or exercise its rights under this Agreement. Confidential Information does not include information that: (a) is or becomes generally available to the public through no fault of the receiving party; (b) was known to the receiving party prior to disclosure as evidenced by written records; (c) is independently developed by the receiving party without use of or reference to the disclosing party's Confidential Information; or (d) is rightfully received from a third party without restriction on disclosure.
Each party shall protect the other's Confidential Information using at least the same degree of care it uses to protect its own most sensitive confidential information, but no less than reasonable care. Neither party shall disclose the other's Confidential Information to any third party without prior written consent, except to employees, contractors, or professional advisors who have a need to know and are bound by obligations of confidentiality no less protective than those herein. This obligation survives termination of this Agreement for a period of five (5) years; provided that obligations with respect to information constituting a trade secret shall survive for so long as the information remains a trade secret under applicable law.
The existence, terms, and outcome of any arbitration proceeding under this Agreement shall constitute Confidential Information of both parties and shall not be disclosed to any third party without the prior written consent of the other party, except as required by law or to enforce an arbitration award.
9. DISCLAIMERS OF WARRANTY
9.1 No Deliverability Guarantee
SENDTECH MAKES NO WARRANTY, REPRESENTATION, OR GUARANTEE, EXPRESS OR IMPLIED, THAT USE OF THE SERVICES WILL RESULT IN ANY PARTICULAR LEVEL OF EMAIL DELIVERABILITY, INBOX PLACEMENT, SENDER REPUTATION, DOMAIN REPUTATION, OPEN RATES, CLICK RATES, REPLY RATES, DOMAIN AVAILABILITY, BLACKLIST REMOVAL OR DELISTING, GOOGLE OR MICROSOFT ACCOUNT CONTINUITY OR APPROVAL, WARM-UP COMPLETION SPEED, SPAM FOLDER AVOIDANCE, CAMPAIGN REVENUE, LEAD GENERATION, REPLY RATE, PROVIDER APPROVAL OR DELISTING, OR ANY OTHER PERFORMANCE METRIC. CUSTOMER ACKNOWLEDGES THAT INBOX PLACEMENT IS DETERMINED SOLELY BY THIRD-PARTY INBOX PROVIDERS USING PROPRIETARY, NON-DISCLOSED ALGORITHMS AND THAT RESULTS MAY VARY MATERIALLY BASED ON FACTORS OUTSIDE SENDTECH'S CONTROL OR KNOWLEDGE.
9.2 General Disclaimer of Warranties
THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SENDTECH AND SENDTOWIN LLC EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO: (A) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT; (B) ANY WARRANTY THAT THE SERVICES WILL MEET CUSTOMER'S REQUIREMENTS OR EXPECTATIONS; (C) ANY WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR FREE FROM HARMFUL COMPONENTS; AND (D) ANY WARRANTY ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE.
9.3 Third-Party Services Disclaimer
The Services depend upon, interact with, and may integrate with third-party platforms, registrars, DNS providers, email infrastructure providers, and other third-party services. SendTech makes no representations, warranties, or guarantees regarding the availability, performance, security, or terms of any third-party service. Customer's use of any third-party service in connection with the Services is entirely at Customer's risk and subject to that provider's terms. SendTech is not responsible for any failure, change in policy, enforcement action, or service interruption by any third party.
10. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT:
(a) EXCLUSION OF CONSEQUENTIAL DAMAGES. IN NO EVENT SHALL SENDTECH, SENDTOWIN LLC, OR THEIR RESPECTIVE MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, SUCCESSORS, OR ASSIGNS BE LIABLE TO CUSTOMER OR ANY THIRD PARTY FOR ANY: (i) INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES; (ii) LOSS OF PROFITS, REVENUE, BUSINESS, DATA, GOODWILL, ANTICIPATED SAVINGS, OR BUSINESS OPPORTUNITY; (iii) COST OF SUBSTITUTE GOODS OR SERVICES; OR (iv) EMAIL DELIVERABILITY LOSSES, BLACKLISTING, OR SENDER REPUTATION DAMAGE; IN EACH CASE REGARDLESS OF WHETHER SENDTECH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF THE THEORY OF LIABILITY.
(b) AGGREGATE LIABILITY CAP. SENDTECH'S TOTAL CUMULATIVE LIABILITY TO CUSTOMER FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICES, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL OR EQUITABLE THEORY, SHALL NOT EXCEED THE TOTAL FEES ACTUALLY PAID BY CUSTOMER TO SENDTECH IN THE TWELVE (12) CALENDAR MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH THE CLAIM AROSE. NOTWITHSTANDING THE FOREGOING, SENDTECH'S MAXIMUM AGGREGATE LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATED TO DOMAIN REGISTRATION, RENEWAL, EXPIRATION, TRANSFER, OR ANY OTHER DOMAIN-SPECIFIC SERVICE SHALL NOT EXCEED THE LESSER OF: (i) THE TOTAL FEES ACTUALLY PAID BY CUSTOMER TO SENDTECH FOR THE SPECIFIC DOMAIN AT ISSUE; OR (ii) ONE THOUSAND DOLLARS ($1,000.00).
(c) CUSTOMER ACKNOWLEDGMENT. CUSTOMER ACKNOWLEDGES THAT THE LIABILITY LIMITATIONS IN THIS SECTION REFLECT A REASONABLE ALLOCATION OF RISK, ARE A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES, AND THAT SENDTECH WOULD NOT HAVE ENTERED INTO THIS AGREEMENT WITHOUT SUCH LIMITATIONS. THESE LIMITATIONS APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
(d) EXCEPTIONS. Nothing in this Agreement shall limit or exclude liability for: (i) a party's fraud or willful misconduct; (ii) Customer's payment obligations; (iii) Customer's indemnification obligations; or (iv) any liability that cannot be excluded or limited under applicable law.
(e) MUTUAL WAIVER OF JURY TRIAL. TO THE FULLEST EXTENT PERMITTED BY LAW, EACH PARTY IRREVOCABLY WAIVES ANY RIGHT TO A JURY TRIAL IN ANY ACTION, PROCEEDING, OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICES.
11. INDEMNIFICATION
Customer shall, at its own expense, indemnify, defend (at SendTech's option), and hold harmless SendtoWin LLC and its members, officers, directors, employees, agents, successors, and assigns (collectively, "SendTech Indemnitees") from and against any and all claims, demands, actions, proceedings, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees, expert fees, and court costs) (collectively, "Losses") arising out of or relating to:
Customer's use of the Services in violation of this Agreement, any applicable law, or the rights of any third party;
Customer's email sending practices, including but not limited to CAN-SPAM violations, spam complaints, blacklisting events, or claims by email recipients or regulatory authorities;
Any domain registered by or on behalf of Customer that infringes, dilutes, or misappropriates any third-party trademark, trade name, or other intellectual property right, including any UDRP or URS proceedings;
Customer's breach of any representation, warranty, covenant, or obligation under this Agreement;
Any third-party claim arising from Customer Data, including any claim that Customer Data violates any third party's rights or any applicable law;
Any enforcement action, fine, or penalty imposed on SendTech by any regulatory authority, payment processor, registrar, registry, or inbox provider arising from Customer's conduct;
Any provider enforcement actions, registrar or registry claims, or payment processor claims arising from Customer's use of the Services;
Any claims arising from Customer's suppression list failures, use of improperly obtained contact data, or violation of applicable privacy or marketing laws; or
Any claims by email recipients arising from Customer's sending practices or message content.
SendTech may, at Customer's expense and in SendTech's sole discretion, assume exclusive control of the defense of any matter subject to indemnification hereunder. Customer shall cooperate fully with SendTech in the defense of any such claim and shall not settle any such claim without SendTech's prior written consent. Customer's indemnification obligations survive termination of this Agreement indefinitely.
12. DISPUTE RESOLUTION; MANDATORY BINDING ARBITRATION
PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES MANDATORY BINDING ARBITRATION OF ALL DISPUTES AND CONTAINS A CLASS ACTION WAIVER. BY ACCEPTING THIS AGREEMENT, YOU ARE WAIVING YOUR RIGHT TO A COURT TRIAL AND YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION.
12.1 Mandatory Pre-Arbitration Notice
Before initiating any arbitration, the aggrieved party must provide the other party with written notice (a "Dispute Notice") delivered in accordance with Section 15.7, identifying: (a) the nature of the dispute; (b) the specific relief sought; and (c) the dollar amount in controversy. The parties shall negotiate in good faith for thirty (30) days following delivery of the Dispute Notice (the "Negotiation Period"). If the dispute is not resolved within the Negotiation Period, either party may proceed to binding arbitration as set forth below. Failure to provide a Dispute Notice is a condition precedent to initiating arbitration.
12.2 Binding Arbitration
EXCEPT AS PROVIDED IN SECTION 12.5, ALL DISPUTES, CLAIMS, CONTROVERSIES, OR CAUSES OF ACTION ARISING OUT OF OR RELATING TO THIS AGREEMENT, THE SERVICES, OR THE RELATIONSHIP BETWEEN THE PARTIES, INCLUDING ANY QUESTION REGARDING THE EXISTENCE, VALIDITY, ENFORCEABILITY, SCOPE, INTERPRETATION, OR TERMINATION OF THIS AGREEMENT OR ANY PROVISION HEREOF (INCLUDING THIS ARBITRATION PROVISION), SHALL BE FINALLY AND EXCLUSIVELY RESOLVED BY BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION ("AAA") UNDER ITS COMMERCIAL ARBITRATION RULES, AS AMENDED FROM TIME TO TIME, BEFORE A SINGLE NEUTRAL ARBITRATOR.
The arbitration shall be seated in Palm Beach County, Florida. The parties may mutually agree to conduct proceedings via videoconference. The language of the arbitration shall be English. The arbitrator shall apply the substantive law of the State of Florida, without regard to conflict of laws principles. The arbitrator shall have the authority to award any remedy that would be available in a court of law, subject to the limitations set forth in Section 10 of this Agreement. The arbitration award shall be in writing, shall be final and binding on both parties, shall not be subject to appeal except on the narrow grounds set forth in the Federal Arbitration Act (9 U.S.C. Section 1 et seq.), and may be entered and enforced as a judgment in any court of competent jurisdiction.
The costs of the AAA and the arbitrator's fees shall be allocated in accordance with the AAA Commercial Arbitration Rules. Each party shall bear its own attorneys' fees unless the arbitrator determines that a claim was frivolous or brought in bad faith, in which case the arbitrator may award attorneys' fees and costs against the non-prevailing party.
12.3 Delegation of Gateway Questions
The parties expressly agree that all "gateway" questions, including whether a particular dispute is subject to arbitration, whether this arbitration agreement is valid and enforceable, and whether any threshold conditions to arbitration have been met, shall be decided by the arbitrator and not by any court, except as provided in Section 12.5. The parties hereby incorporate by reference the AAA rules on delegation of arbitrability, and explicitly agree that the arbitrator, not any court, shall resolve any challenge to the enforceability or scope of this arbitration agreement.
12.4 Confidentiality of Arbitration
All aspects of any arbitration proceeding, including the existence of the dispute, the claims and defenses asserted, all discovery exchanged, and the award, shall be kept strictly confidential by both parties and the arbitrator. Neither party shall disclose any information about any arbitration to any third party except: (a) to the extent required by law or court order; (b) to enforce an arbitration award; (c) to obtain legal or financial advice from counsel or advisors who are bound by equivalent confidentiality obligations; or (d) with the prior written consent of the other party.
12.5 Limited Exception for Emergency Equitable Relief
Notwithstanding Section 12.2, either party may seek emergency equitable relief from a court of competent jurisdiction to protect intellectual property, confidential information, or data security, or to prevent unauthorized access or immediate irreparable harm, without first completing the Negotiation Period. In addition to the foregoing, SendTech may additionally seek equitable relief for AUP violations, infrastructure abuse, payment processor risk, registrar or provider enforcement risk, or collection of undisputed amounts owed. The seeking of emergency equitable relief shall not constitute a waiver of the right to arbitrate the underlying dispute, and all remaining disputes shall be resolved through arbitration as provided in this Section 12.
12.6 Class and Collective Action Waiver
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ALL CLAIMS MUST BE BROUGHT SOLELY IN CUSTOMER'S INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF, CLASS MEMBER, OR PARTICIPANT IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, MASS ARBITRATION, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR SHALL HAVE NO AUTHORITY TO CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS, TO CONDUCT ANY CLASS OR COLLECTIVE PROCEEDING, OR TO AWARD RELIEF TO ANY PERSON OTHER THAN THE INDIVIDUAL CLAIMANT. IF THIS WAIVER IS FOUND UNENFORCEABLE AS TO A PARTICULAR CLAIM, THAT CLAIM SHALL BE SEVERED AND LITIGATED IN COURT; ALL OTHER CLAIMS REMAIN SUBJECT TO ARBITRATION.
12.7 Mass Arbitration Batching
If twenty-five (25) or more similar arbitration demands are filed against SendTech by customers represented by the same law firm or group of law firms, the AAA shall administer such claims in batches of no more than fifty (50) claims per batch, with one arbitrator assigned per batch. Each batch shall be treated as a single arbitration proceeding for purposes of administrative fees. The parties agree to cooperate with the AAA in implementing any such batching procedure. This provision is intended to promote efficiency and reduce the burden of mass filings on both parties and the arbitration forum.
12.8 Statute of Limitations
ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE SERVICES MUST BE FILED WITHIN ONE (1) YEAR AFTER THE DATE ON WHICH THE CLAIM ACCRUED, REGARDLESS OF ANY STATUTE OF LIMITATIONS TO THE CONTRARY. ANY CLAIM NOT FILED WITHIN THIS PERIOD IS PERMANENTLY BARRED. THIS ONE-YEAR LIMITATION APPLIES TO ALL CLAIMS, INCLUDING CLAIMS IN ARBITRATION.
13. GOVERNING LAW AND EXCLUSIVE VENUE
This Agreement is governed by and construed exclusively in accordance with the laws of the State of Florida, without giving effect to any choice of law or conflict of law provision that would require or permit the application of any other law. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.
To the extent any matter is not subject to arbitration under Section 12 (limited solely to the emergency equitable relief available under Section 12.5), the parties irrevocably consent to the exclusive jurisdiction and venue of the state and federal courts of competent jurisdiction located in Palm Beach County, Florida. Customer irrevocably waives any objection to the laying of venue of any such action or proceeding in Palm Beach County, Florida, and waives any claim that any such action or proceeding brought in Palm Beach County, Florida has been brought in an inconvenient forum.
14. TERM AND TERMINATION
14.1 Term
This Agreement commences on the date Customer completes the checkout process (the "Effective Date") and continues for the duration of the active subscription, as automatically renewed, unless terminated earlier in accordance with this Section.
14.2 Termination by Customer
Customer may terminate this Agreement by cancelling all active subscriptions in accordance with Section 3.5. Termination takes effect at the end of the then-current billing period. Termination does not entitle Customer to any refund of prepaid fees.
14.3 Termination and Suspension by SendTech
SendTech may immediately suspend Customer's access to all or any portion of the Services, or terminate this Agreement in its entirety, without notice, without liability, and without refund of any prepaid fees, upon any of the following:
Customer's breach or threatened breach of any provision of this Agreement, including any violation of the Acceptable Use Policy;
Customer's failure to pay any amount due within seven (7) days of the due date;
SendTech's reasonable determination that Customer's use of the Services poses a legal, regulatory, security, or reputational risk to SendTech or its infrastructure;
Any use of the Services to send spam, conduct phishing, or violate applicable anti-spam laws;
Detection of bounce rate spikes, spam complaint increases, provider enforcement warnings, blocklist events, or infrastructure risk attributable to Customer's sending activity;
Customer's insolvency, voluntary or involuntary bankruptcy filing, or general assignment for the benefit of creditors;
An order of any court or governmental authority requiring SendTech to suspend or terminate the Services; or
SendTech's decision to discontinue the applicable Service.
Any attempt by a terminated Customer to access or use the Services through creation of a new account, use of an alternative email address, impersonation of another party, or any other means of circumvention, shall constitute a material breach of this Agreement, and SendTech reserves the right to take all available legal remedies.
14.4 Effect of Termination
Upon expiration or termination of this Agreement for any reason: (a) all licenses granted to Customer immediately and automatically terminate; (b) Customer's access to the Platform is revoked; (c) all outstanding payment obligations become immediately due and payable; (d) Customer's domain ownership is unaffected, and Customer may transfer domains per Section 5; and (e) each party shall promptly return or certify destruction of the other party's Confidential Information, except as required to be retained by law. The following Sections survive termination: 3 (outstanding payment obligations), 6 (IP), 7 (data, post-term retention period), 8 (confidentiality), 9 (disclaimers), 10 (limitation of liability), 11 (indemnification), 12 (arbitration), 13 (governing law), and 14.4 (effect of termination).
15. GENERAL PROVISIONS
15.1 Entire Agreement
This Agreement, together with the SendTech platform Privacy Policy at app.sendtowin.com/privacy, the Acceptable Use Policy set forth in Section 4, and any order confirmation or checkout summary provided by SendtoWin LLC at the time of purchase, constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements, negotiations, representations, and understandings, whether written or oral. No prior drafts of this Agreement and no course of prior dealing shall be used in the interpretation or construction of this Agreement.
15.2 Amendments
SendTech reserves the right to amend this Agreement at any time. Amendments will be posted at app.sendtowin.com/terms. Customer's continued use of the Services after the effective date of any amendment constitutes irrevocable acceptance of the amended terms. If Customer does not agree to the amended terms, Customer's sole remedy is to cancel all active subscriptions before the amendment's effective date. SendTech will use commercially reasonable efforts to maintain an archive of prior versions at app.sendtowin.com/terms.
15.3 Severability
If any provision of this Agreement is held to be invalid, illegal, or unenforceable, such provision shall be modified to the minimum extent necessary to make it valid and enforceable. If such modification is not possible, the provision shall be severed, and the remaining provisions shall continue in full force and effect.
15.4 Waiver
No failure or delay by either party in exercising any right, remedy, power, or privilege under this Agreement shall operate as a waiver thereof. Any waiver must be in writing, signed by an authorized representative of the waiving party, and shall be limited to the specific instance and purpose for which it is given.
15.5 Assignment
Customer may not assign, transfer, delegate, or sublicense this Agreement or any rights or obligations hereunder, by operation of law or otherwise, without SendTech's prior written consent. Any purported assignment in violation of this Section is null and void. SendTech may freely assign this Agreement, in whole or in part, to any affiliate, successor, or acquirer in connection with a merger, acquisition, change of control, or sale of all or substantially all of its assets, without Customer's consent.
15.6 Force Majeure
Neither party shall be liable for any delay or failure to perform any obligation under this Agreement (other than payment obligations) to the extent that such delay or failure is caused by a Force Majeure Event. A "Force Majeure Event" means any circumstance beyond a party's reasonable control, including acts of God, natural disasters, pandemics, war, terrorism, civil unrest, governmental actions, telecommunications or internet infrastructure failures, cyberattacks, or actions of third-party service providers. The affected party will use commercially reasonable efforts to mitigate the impact and resume performance as soon as reasonably practicable.
15.7 Notices
All notices required or permitted under this Agreement shall be in writing. Routine billing inquiries shall be sent to billing@sendtowin.com. Product and website support requests shall be sent to support@sendtowin.com. Notices to Customer shall be sent to the email address provided at checkout and are deemed effective upon delivery, provided that the sending party does not receive a delivery failure or bounce notification within twenty-four (24) hours of transmission. Formal legal notices, including arbitration demand notices, dispute notices under Section 12.1, notices of breach, and notices of termination, must be delivered in writing by certified U.S. mail, postage prepaid, return receipt requested, or by a nationally recognized overnight courier, to:
SendtoWin LLC, operator of SendTech
Attn: Legal
9639 Savona Winds Drive
Delray Beach, Florida 33446
Formal legal notices sent by email alone shall not be deemed effective. Each party is responsible for maintaining a valid address for notice purposes.
15.8 No Third-Party Beneficiaries
This Agreement is entered into solely for the benefit of the parties and their permitted successors and assigns. Nothing in this Agreement, express or implied, is intended to or shall confer upon any third party any legal or equitable right, benefit, or remedy of any nature whatsoever.
15.9 Relationship of the Parties
The parties are independent contractors. Nothing in this Agreement shall be construed to create a partnership, joint venture, employment relationship, franchise, or agency between the parties. Neither party has authority to bind the other party or to incur any obligation on the other party's behalf.
15.10 Electronic Acceptance and Signatures
Customer agrees that completing the checkout process and checking the acceptance box constitutes a valid electronic signature in accordance with the Electronic Signatures in Global and National Commerce Act (E-SIGN Act, 15 U.S.C. Section 7001 et seq.) and the Florida Electronic Signature Act, Section 668.50, Florida Statutes. This Agreement shall not be denied legal effect, validity, or enforceability solely because it is in electronic form or was accepted electronically. SendTech uses commercially reasonable efforts to record Customer's acceptance, including the timestamp, IP address, and the version of this Agreement accepted.
15.11 Headings and Interpretation
Section headings are for convenience only and shall not affect the interpretation of this Agreement. The word "including" means "including without limitation." References to "days" mean calendar days unless "business days" is specified. This Agreement shall not be construed against any party as the drafter.
16. CONTACT INFORMATION
For questions, legal notices, or support, please contact:
SendtoWin LLC, operator of SendTech
Billing Inquiries: billing@sendtowin.com
Product and Website Support: support@sendtowin.com
Website: https://app.sendtowin.com/
Privacy Policy: app.sendtowin.com/privacy
Palm Beach County, Florida
For formal legal notices including arbitration demands, breach notices, and termination notices, see Section 15.7.
SendtoWin LLC reserves all rights not expressly granted herein.