Terms and Conditions

Last updated: July 31, 2026

These Terms and Conditions (the "Terms") form a legally binding agreement between you or the entity you represent ("Customer," "you," or "your") and SendPost, LLC, doing business as SendWorks and SendX ("Company," "SendWorks," "SendX," "SendPost," "we," "us," or "our").

These Terms govern your access to and use of the websites operated by the Company, including sendworks.com, sendx.io, sendpost.io, and related subdomains, and all software, applications, APIs, email marketing, marketing automation, email delivery, SMTP relay, email API, deliverability analytics, email verification, list-hygiene, email health, managed deliverability, and related products and services offered by the Company. These include products currently or previously offered under the names SendWorks, SendX, SendPost, SendVerify, and SendHealth, together with any successor or additional products offered by SendPost, LLC (collectively, the "Services").

If you enter into a separate written order form, master services agreement, data processing addendum, service-level agreement, or other agreement with the Company (each, an "Order"), that Order is incorporated into these Terms. If an Order expressly conflicts with these Terms, the Order controls solely to the extent of that conflict.

By creating an account, executing an Order, clicking to accept these Terms, or accessing or using any Service, you agree to these Terms. If you accept these Terms for an organization, you represent and warrant that you have authority to bind that organization. If you do not agree, do not access or use the Services.

1. Eligibility and Accounts

You must be at least 18 years old and legally capable of entering into a binding contract to use the Services. You must provide accurate, current, and complete account information and keep it updated.

You are responsible for maintaining the confidentiality of account credentials and for all activities occurring through your account, including activities by your employees, contractors, agents, and other authorized users. You must promptly notify us of any actual or suspected unauthorized access or security incident involving your account. You may not share credentials except with authorized users acting on your behalf.

You are responsible for configuring the Services appropriately for your use and for ensuring that your authorized users comply with these Terms.

2. Services and Changes

Subject to these Terms and payment of applicable fees, the Company grants you a limited, non-exclusive, non-transferable, non-sublicensable right during your subscription term to access and use the Services for your internal business purposes.

We may improve, modify, add, or remove features from the Services. We will not materially reduce the core functionality of a paid Service during a current subscription term without providing reasonable notice, except where a change is necessary to address security, legal, regulatory, abuse-prevention, or third-party service requirements.

Beta, preview, trial, free, and evaluation features may be changed or discontinued at any time and are provided without any service commitment or warranty.

3. Customer Responsibilities

You are solely responsible for:

your content, contact lists, recipient data, domains, sending identities, campaigns, messages, instructions, integrations, and other materials submitted to or processed through the Services ("Customer Data");
obtaining all notices, permissions, consents, and other legal bases required to collect, use, disclose, and process Customer Data and send communications;
the content, timing, targeting, recipients, and legality of communications sent through the Services;
maintaining and honoring suppression lists, opt-outs, unsubscribe requests, and consent records;
ensuring that sender names, physical addresses, headers, subject lines, routing information, and other message elements are accurate and not misleading; and
complying with all laws, regulations, industry rules, and contractual obligations applicable to your use of the Services and communications, including, as applicable, the CAN-SPAM Act, the Telephone Consumer Protection Act, Canada's Anti-Spam Legislation, the UK Privacy and Electronic Communications Regulations, the EU ePrivacy rules, the GDPR, and similar laws.

The Company does not determine whether your intended recipients have consented to receive your communications. Our technical acceptance, processing, or delivery of a message does not constitute approval of its content, recipients, or legality.

4. Acceptable Use and Prohibited Conduct

You may not use or permit the use of the Services to:

send unsolicited bulk or commercial communications, spam, or messages to recipients who have not provided legally sufficient consent or with whom you lack another lawful basis to communicate;
use purchased, rented, harvested, scraped, or improperly obtained contact lists;
send unlawful, fraudulent, deceptive, abusive, harassing, threatening, defamatory, obscene, discriminatory, or infringing content;
distribute malware, malicious code, phishing content, credential-harvesting material, or content intended to compromise systems or accounts;
impersonate another person or entity, misrepresent your identity or affiliation, obscure the origin of a communication, or use false or misleading headers, domains, subject lines, or sender information;
violate another party's privacy, publicity, intellectual-property, confidentiality, or other rights;
evade or attempt to evade usage limits, billing, suppression requirements, safety controls, account restrictions, or a prior suspension or termination, including through multiple or overlapping accounts;
probe, scan, test, disrupt, overload, reverse engineer, decompile, or attempt to gain unauthorized access to the Services or related systems, except to the limited extent a restriction is prohibited by applicable law;
resell, sublicense, lease, or provide the Services to third parties unless expressly authorized by an Order or written reseller agreement;
use tracking links, campaign-preview links, or other links generated by the Services in communications sent through an unauthorized third-party service, without our prior written permission; or
use the Services in a manner likely to harm recipients, the Company, other customers, third-party networks, or the reputation, availability, security, or deliverability of the Services.

We may maintain and update reasonable anti-abuse, prohibited-content, and deliverability policies. Those policies form part of these Terms when linked from an applicable Service or Order.

5. Email Practices, Deliverability, and Remediation

All contact lists used with the Services must be permission-based and lawfully obtained. Each commercial email must clearly identify the sender, include all disclosures and contact information required by applicable law, and provide a functioning and readily accessible unsubscribe mechanism. You must process unsubscribe and revocation requests within the period required by applicable law and must not send further messages after consent has been withdrawn except where legally permitted.

You must maintain bounce, complaint, unsubscribe, and engagement rates within thresholds reasonably established by the Company, mailbox providers, blocklist operators, or applicable industry standards. We may use automated and manual systems to monitor activity for fraud, abuse, security threats, abnormal usage, excessive bounces, spam complaints, and other deliverability risks.

If your activity exceeds applicable thresholds or creates a legal, security, deliverability, or reputational risk, we may restrict sending, quarantine campaigns, require list cleaning or verification, request evidence of consent, require remediation, suspend access, or terminate the affected account. You are not required to purchase a separate Company product to complete remediation unless your Order expressly states otherwise, but you must demonstrate compliance through a method reasonably acceptable to us.

A refusal or failure to complete required remediation may result in continued restriction or termination and does not entitle you to a refund.

6. Customer Data and Privacy

As between the parties, you retain all ownership rights in Customer Data. You grant the Company and its subprocessors a worldwide, non-exclusive right to host, copy, transmit, display, modify, and otherwise process Customer Data only as necessary to provide, secure, support, and improve the Services; prevent fraud and abuse; comply with law; and fulfill our obligations under these Terms and any applicable Order.

Each party will comply with applicable data-protection and privacy laws. Our collection and use of personal information are described in the privacy policy linked from the applicable Service. If the Company processes personal data on your behalf, the Company's then-current Data Processing Addendum, when applicable and executed or incorporated by reference, will govern that processing.

You are responsible for exporting or backing up Customer Data you wish to retain. Following termination or expiration, we may delete Customer Data in accordance with our retention practices, subject to applicable law and any applicable Order.

We may generate and use aggregated or de-identified information derived from use of the Services, provided that it does not identify Customer, any authorized user, or any individual.

7. Security

We will maintain reasonable administrative, technical, and organizational safeguards designed to protect the security, confidentiality, and integrity of Customer Data. No service or transmission method is completely secure, and we do not guarantee that unauthorized third parties will never defeat security measures.

You are responsible for using available security features, protecting credentials and API keys, securing systems that connect to the Services, and promptly revoking access for users who are no longer authorized.

8. Fees, Billing, Renewals, and Taxes

Fees, subscription periods, usage allowances, overage rates, and payment terms are stated at checkout or in the applicable Order. Unless an Order states otherwise, subscriptions automatically renew for successive periods equal to the expiring subscription period until canceled before renewal.

You authorize the Company and its payment processors to charge your selected payment method for recurring fees, usage charges, overages, applicable taxes, and other amounts due. Fees are payable in the stated currency and are non-cancelable and non-refundable except as expressly provided in these Terms, an applicable Order, or required by law.

You are responsible for all sales, use, value-added, withholding, and similar taxes arising from your purchase or use of the Services, excluding taxes based on the Company's net income. If withholding is legally required, you will pay any additional amount necessary so the Company receives the amount it would have received absent the withholding, except where prohibited by law.

We may change pricing upon renewal by providing advance notice. We may suspend access for overdue amounts after providing reasonable notice, except where the amount is subject to a good-faith billing dispute raised before its due date.

9. Refunds

Except as stated in an applicable Order, a product-specific refund policy presented at purchase, or applicable law, fees are non-refundable. If a money-back guarantee is expressly offered for a Service, that guarantee is subject to the eligibility, usage, time, and request conditions disclosed with the offer.

No refund is due for suspension, restriction, or termination resulting from a violation of these Terms, an anti-spam or acceptable-use policy, refusal to complete required remediation, excessive or abusive usage, nonpayment, or activity that creates legal, security, reputation, or deliverability risk.

If we terminate a prepaid paid Service without cause before the end of its then-current subscription term, we will provide a prorated refund of prepaid fees covering the unused portion of that term. This is your exclusive monetary remedy for such a termination.

10. Intellectual Property

The Company and its licensors own all right, title, and interest in the Services, websites, software, APIs, documentation, technology, designs, trademarks, trade names, and related intellectual property, including all improvements and derivative works. Except for the limited right to use the Services under these Terms, no rights are granted to you by implication, estoppel, or otherwise.

You may not copy, modify, create derivative works from, sell, distribute, publicly display, or exploit the Services except as expressly permitted by these Terms or an Order.

If you provide suggestions, ideas, or feedback, you grant the Company a perpetual, irrevocable, worldwide, royalty-free right to use and incorporate that feedback without restriction or obligation.

11. Third-Party Services

The Services may interoperate with third-party products, networks, applications, websites, or services. Your use of third-party services is governed by the third party's terms and privacy practices. The Company is not responsible for third-party services, changes made by third parties, or Customer Data after it is transmitted to a third party at your direction.

12. Confidentiality

Each party may receive nonpublic information that is designated confidential or that reasonably should be understood to be confidential ("Confidential Information"). The receiving party will use the same degree of care it uses to protect its own similar information, and no less than reasonable care, to protect the disclosing party's Confidential Information. The receiving party will use Confidential Information only to perform or exercise rights under these Terms and will disclose it only to personnel, contractors, and advisers who need to know it and are bound by confidentiality obligations.

Confidential Information does not include information that the receiving party can demonstrate is publicly available without breach, was lawfully known without restriction, is received lawfully from a third party without confidentiality duties, or is independently developed without use of the disclosing party's Confidential Information.

The receiving party may disclose Confidential Information when legally required, provided it gives advance notice when legally permitted and reasonable assistance at the disclosing party's expense.

13. Representations and Disclaimers

Each party represents that it has authority to enter into these Terms. You represent and warrant that Customer Data, your communications, and your use of the Services comply with these Terms and applicable law and do not infringe or misappropriate third-party rights.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." THE COMPANY PARTIES DISCLAIM ALL EXPRESS, IMPLIED, STATUTORY, AND OTHER WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

THE COMPANY DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, COMPLETELY SECURE, OR COMPATIBLE WITH EVERY SYSTEM; THAT EVERY MESSAGE WILL BE ACCEPTED, DELIVERED, DISPLAYED, OPENED, OR ACTED UPON; OR THAT DELIVERABILITY, REPUTATION, REVENUE, OR OTHER RESULTS WILL MEET YOUR EXPECTATIONS. DELIVERY AND PERFORMANCE MAY BE AFFECTED BY RECIPIENT SYSTEMS, MAILBOX PROVIDERS, NETWORKS, BLOCKLISTS, FILTERS, CUSTOMER CONFIGURATION, MESSAGE CONTENT, RECIPIENT BEHAVIOR, AND OTHER FACTORS OUTSIDE THE COMPANY'S CONTROL.

14. Indemnification

You will defend, indemnify, and hold harmless SendPost, LLC, whether operating under the SendWorks, SendX, SendPost, SendVerify, SendHealth, or any other trade name, and its affiliates, members, managers, officers, directors, employees, agents, contractors, licensors, service providers, successors, and assigns (collectively, the "Company Parties") from and against third-party claims, demands, investigations, proceedings, damages, judgments, settlements, penalties, fines, costs, and reasonable attorneys' fees arising out of or relating to: (a) Customer Data or your communications; (b) your use of the Services; (c) your violation of these Terms, an Order, or applicable law; (d) your infringement or misappropriation of third-party rights; or (e) fraud, willful misconduct, or negligence by you or your authorized users.

The Company will provide prompt notice of an indemnified claim and reasonable cooperation at your expense. You may control the defense and settlement, but you may not settle a claim in a manner that admits fault by, imposes liability on, or requires action by a Company Party without the Company's prior written consent.

15. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ANY COMPANY PARTY BE LIABLE FOR ANY PUNITIVE, EXEMPLARY, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF USE, REVENUE, PROFITS, BUSINESS, GOODWILL, OR DATA, OR THE LOSS, CORRUPTION, UNAUTHORIZED ACCESS, OR ALTERATION OF DATA, WHETHER ARISING IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, EQUITY, OR UNDER ANY OTHER LEGAL OR EQUITABLE THEORY, ARISING OUT OF OR RELATING TO THESE TERMS, AN ORDER, THE SERVICES, OR CUSTOMER'S ACCESS TO, USE OF, OR INABILITY TO USE THE SERVICES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY PARTIES' TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS, ANY ORDER, OR THE SERVICES, FOR ALL CLAIMS IN THE AGGREGATE, SHALL NOT EXCEED THE AMOUNTS ACTUALLY PAID BY CUSTOMER TO SENDPOST, LLC, INCLUDING PAYMENTS MADE UNDER THE SENDWORKS, SENDX, SENDPOST, SENDVERIFY, OR SENDHEALTH NAMES, FOR THE SERVICES GIVING RISE TO THE CLAIM DURING THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE FIRST EVENT, ACT, OMISSION, BREACH, FAILURE, OR OTHER CIRCUMSTANCE GIVING RISE TO ANY SUCH CLAIM.

IF CUSTOMER IS ON AN ANNUAL SUBSCRIPTION AND MADE ONE ANNUAL SUBSCRIPTION PAYMENT DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE FIRST EVENT GIVING RISE TO A CLAIM, THE COMPANY PARTIES' TOTAL CUMULATIVE LIABILITY FOR ALL CLAIMS SHALL INSTEAD NOT EXCEED FIFTY PERCENT (50%) OF THAT ANNUAL SUBSCRIPTION PAYMENT.

THE FOREGOING LIMITATIONS ARE CUMULATIVE AND APPLY IN THE AGGREGATE, NOT PER CLAIM, CLAIMANT, INCIDENT, EVENT, SUBSCRIPTION, PRODUCT, OR YEAR. THE EXISTENCE OF MULTIPLE CLAIMS, CLAIMANTS, EVENTS, BREACHES, THEORIES OF LIABILITY, OR PROCEEDINGS WILL NOT INCREASE THESE LIMITATIONS.

THE LIMITATIONS IN THIS SECTION APPLY EVEN IF A COMPANY PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. NOTHING IN THESE TERMS EXCLUDES OR LIMITS LIABILITY THAT CANNOT LAWFULLY BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

16. Suspension and Termination

You may stop using the Services at any time and may cancel a subscription as described in the applicable Service or Order. Cancellation prevents future renewal but does not entitle you to a refund of amounts already paid except as expressly provided in these Terms.

We may suspend, restrict, or terminate access immediately when reasonably necessary to prevent or address unlawful activity, spam, fraud, security threats, nonpayment, material breach, risk to recipients or third parties, harm to the Services or other customers, or reputational or deliverability harm. Where reasonable under the circumstances, we will provide notice and an opportunity to cure.

Either party may terminate an Order for material breach if the breach is not cured within 30 days after written notice, unless the breach is incapable of cure or requires immediate action under the preceding paragraph.

Upon termination, your right to use the affected Services ends. Accrued payment obligations and provisions that by their nature should survive—including provisions concerning ownership, confidentiality, disclaimers, indemnification, limitations of liability, dispute resolution, and general terms—will survive.

17. Modifications to These Terms

We may update these Terms from time to time. We will post the updated Terms and revise the "Last updated" date. If an update materially reduces your rights or increases your obligations, we will provide reasonable advance notice through the Services, by email, or by another reasonable method, unless the change is required sooner for legal, regulatory, security, or abuse-prevention reasons.

Updated Terms become effective on the stated effective date. Your continued use of the Services after that date constitutes acceptance of the updated Terms. Changes will not apply retroactively to a dispute that arose before the effective date of the change.

18. Governing Law and Dispute Resolution

These Terms and any dispute arising out of or relating to them or the Services are governed by the laws of the State of Delaware, without regard to its conflict-of-law principles.

The state and federal courts located in the State of Delaware will have exclusive jurisdiction over all disputes arising out of or relating to these Terms or the Services, and each party consents to the personal jurisdiction of and venue in those courts.

19. Notices

The Company may provide operational and legal notices through the Services, by email to the address associated with your account, or by posting on an applicable website. Legal notices to the Company must be sent to legal@sendworks.com. General inquiries may be sent to info@sendworks.com. If an Order or applicable law requires notice by mail, notices must also be sent by nationally recognized overnight courier to the following mailing address:

SendPost, LLC
d/b/a SendWorks and SendX
1580 N. Logan Street, Suite 600, PMB 38591
Denver, Colorado 80203-1942
United States
Mailing address only

You must keep your account contact information current.

20. General Terms

Neither party may assign these Terms without the other party's prior written consent, except that the Company may assign them to an affiliate or in connection with a merger, reorganization, acquisition, financing, or sale of all or substantially all of the relevant assets or business. Any prohibited assignment is void.

The Company is not liable for delay or failure caused by circumstances beyond its reasonable control, including natural disasters, acts of government, war, terrorism, civil unrest, labor disputes, internet or telecommunications failures, utility failures, cyberattacks, denial-of-service attacks, third-party provider failures, or widespread network or mailbox-provider disruptions.

The parties are independent contractors. These Terms do not create a partnership, franchise, joint venture, agency, fiduciary, or employment relationship. No third party is a beneficiary of these Terms except the Company Parties as expressly provided.

Failure to enforce a provision is not a waiver. If a provision is held unenforceable, it will be enforced to the maximum extent permitted and the remaining provisions will remain effective.

These Terms, together with applicable Orders and policies incorporated by reference, constitute the entire agreement between the parties regarding the Services and supersede prior or contemporaneous agreements on that subject. Headings are for convenience only. "Including" means "including without limitation." Electronic acceptance and signatures have the same effect as originals.

21. Contact

Legal questions about these Terms may be sent to legal@sendworks.com. General questions may be sent to info@sendworks.com.