Terms of Service

1. Agreement

By creating an account, checking the acceptance box at registration, or using SendMatico, you agree to these Terms of Service ("Terms"). If you use SendMatico on behalf of a company, you represent that you have authority to bind that company.

2. The service

SendMatico provides software for email outreach, campaign automation, and related workflows. We do not sell contact lists and we do not guarantee deliverability, response rates, or legal outcomes for your campaigns.

3. Your recipient data and lawful basis

You are responsible for all personal data you upload, import, sync, or otherwise use in SendMatico, including lead and prospect names, email addresses, phone numbers, and custom fields ("Recipient Data").

Lawful basis and consent. By agreeing to these Terms and by using the service to store or message Recipient Data, you represent and warrant that:

• You have determined and can rely on an appropriate lawful basis under applicable privacy and marketing laws (including, where relevant, the EU/UK GDPR and ePrivacy rules) before processing or contacting each recipient — for example consent, performance of a contract, or legitimate interests where that basis is valid for your use case and jurisdiction.
• Any recipients you add, import, or email through SendMatico were obtained and are used in compliance with those laws and with your own privacy notices and policies.
• Where you rely on consent, that consent was obtained lawfully, is specific to your communications, and you can demonstrate it if requested.
• You will not use SendMatico to send unsolicited bulk email in violation of anti-spam laws (including CAN-SPAM, CASL, or similar rules where they apply to you).

SendMatico does not verify your lists or your legal basis for each recipient. Tools in the product (such as optional consent fields, suppression lists, or unsubscribe handling) support compliance but do not replace your obligations as the party directing outreach.

For business customers processing personal data subject to GDPR-style requirements, our Data Processing Addendum describes how we process data on your instructions. These Terms govern your use of the platform; the DPA governs processor terms where applicable.

4. Acceptable use

• Honor unsubscribe and suppression requests promptly.
• Include accurate sender identification and, where required by law, a valid postal address in commercial email.
• Do not upload or send malware, phishing content, or unlawful material.
• Do not attempt to bypass rate limits, security controls, or other accounts' data.

5. Suspension and termination

We may suspend or terminate access if we reasonably believe you have violated these Terms, applicable law, or third-party rights — including high complaint rates, abuse reports, or use of Recipient Data without a lawful basis. You may stop using the service at any time; provisions that by nature should survive will survive termination.

6. Disclaimers

The service is provided "as is" to the extent permitted by law. We disclaim warranties of merchantability, fitness for a particular purpose, and non-infringement. We are not your legal counsel; these Terms are not legal advice. You should obtain independent advice on email marketing and data protection in your jurisdictions.

7. Limitation of liability

To the maximum extent permitted by law, SendMatico and its suppliers will not be liable for indirect, incidental, special, consequential, or punitive damages, or for loss of profits, data, or goodwill, arising from your use of the service. Our aggregate liability for claims relating to the service is limited to the fees you paid us in the twelve (12) months before the event giving rise to the claim, or one hundred (100) USD if you have not paid fees, unless a higher minimum is required by law.

8. Contact

Questions about these Terms: legal@sendmatico.com. See also our Privacy Policy.