Terms and Conditions
Effective Date and Last Updated: January 1, 2026
Welcome to the U.S. and international digital platforms, websites, applications ("apps"), blogs, or other online offerings owned or operated by Rapidsend, LLC (collectively, the "Services") that post links to these Terms of Use. The Services include email marketing services, products and plans offered by Rapidsend.
Please review these Terms of Use carefully before using the Services. The Terms of Use govern each user's ("you" or "your") use of and/or access to the Services.
By using or accessing the Services, you acknowledge and agree that you have read, understood and agree to be bound by these Terms of Use. You also acknowledge that you have read and understood our data practices as described in the Privacy Policy applicable to the Services and Content you use.
These Terms of Use affect your legal rights, responsibilities and obligations, govern your use of the Services, are legally binding, limit Rapidsend's liability to you, and require you to indemnify us and to settle certain disputes through individual arbitration. Please note that nothing in these Terms of Use affects your mandatory statutory rights under applicable law, to the extent that such rights apply to you and cannot be limited or excluded.
If you do not wish to be bound by these Terms of Use, and any applicable Additional Terms (defined below), you should not use or access the Services, and, where applicable, you should uninstall any Services downloads and applications.
In some instances, you may be subject to different or additional terms and conditions, policies and guidelines ("Additional Terms") that are applicable to certain parts of the Services. Those Additional Terms will be posted on the Services in connection with the relevant offering. In the event of a conflict between these Terms of Use and the Additional Terms, the Additional Terms shall control.
These Terms of Use and the Additional Terms are subject to change at any time, so we encourage you to periodically review all terms and conditions posted on the Services. If we make any material changes to these Terms of Use or the applicable Additional Terms, we will post the updated version(s), along with an effective date, and notify you by means of a notice on the Services.
1. Ownership; Your Rights to Use the Services and Content
Ownership. The Services and all of its content (collectively, "Content"), including all copyrights, patents, trademarks, service marks, trade names and all other intellectual property rights therein ("Intellectual Property"), are owned or controlled by Rapidsend, LLC, our licensors, and certain other third parties. All right, title, and interest in and to the Content and Intellectual Property available via the Services is the property of Rapidsend, LLC, our licensors or certain other third parties, and is protected by international copyright, trademark, trade dress, patent and/or other Intellectual Property and unfair competition rights and laws to the fullest extent possible. Rapidsend owns the copyright in the selection, compilation, assembly, arrangement, and enhancement of the Content on the Services.
Your Rights to Access and Use the Services and Content. Your right to access and use the Services and Content is subject to your strict compliance with these Terms of Use and the applicable Additional Terms. Your right to access and use the Services and the Content shall automatically terminate upon any violations of these Terms of Use. These rights are non-exclusive, limited, and revocable by us at any time in our sole discretion without advanced notice or liability. As your right to access and use the Services and the Content is personal to you, you may neither assign nor transfer your right; any attempt to do so is void.
Additional Terms for Usage Plans. Purchases of usage plans (e.g., email credits or points) made available on the Services are nonrefundable and are purchases of only a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license to use those items only, even if such came with a durational term (e.g., a monthly plan). Any attempt to transfer, assign or otherwise sell or trade such plan, regardless of manner or method, is null and void. Suspension or termination thereof results in the forfeit of the suspended or terminated plan or items, except as may be noted in the applicable Additional Terms.
Rights of Others. In using the Services, you must respect the Intellectual Property and rights of others and Rapidsend. Your unauthorized use of Content may violate the rights of others and applicable laws and may result in your civil and criminal liability.
Reservation of all Rights Not Granted. These Terms of Use and any applicable Additional Terms include only narrow, limited grants of rights to use and access the Services and Content. No right or license may be construed, under any legal theory, by implication, estoppel, industry custom, or otherwise. ALL RIGHTS NOT EXPRESSLY GRANTED TO YOU ARE RESERVED BY RAPIDSEND AND ITS LICENSORS AND OTHER THIRD PARTIES. Any unauthorized use of any Content or the Services for any purpose is prohibited.
Third-Party Services. We are not responsible for third parties or their content, advertisement(s), apps or sites ("Third-Party Services"). For instance, portions of the Services may be integrated into or linked to third-party sites, platforms and apps that we do not control. Use caution when dealing with third parties and consult their terms of use and privacy policies. We take no responsibility for Third-party Services and will not be liable for any damages caused by your use or reliance on Third-Party Services.
2. Content You Submit; Interactive Community Rules
User-Generated Content. Rapidsend may now, or in the future, offer users of the Services the opportunity to create, build, post, upload, display, publish, distribute, transmit, broadcast, or otherwise make available on or submit through the Services messages, text, illustrations, files, images, graphics, photos, comments, responses, sounds, music, videos, information, content, ratings, reviews, data, questions, suggestions, personally identifiable information, or other information or materials and the ideas contained therein (collectively, "User-Generated Content" or "UGC"). Except to the extent of the rights and license you grant in these Terms of Use, you retain whatever legally cognizable right, title, and interest that you have in your UGC.
When you submit UGC, you grant to Rapidsend, LLC a non-exclusive, royalty-free, perpetual, irrevocable, worldwide license (with the right to sublicense through multiple tiers) to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such UGC in whole or in part, in any form, media, or technology now known or hereafter developed, for any purpose, including commercial purposes, without any obligation to pay you or any other person or entity.
You represent and warrant that: (i) you own or otherwise control all of the rights to the UGC that you post; (ii) the UGC is accurate and not misleading; (iii) the UGC does not violate these Terms of Use or any applicable Additional Terms or any law or regulation; and (iv) the UGC will not cause injury to any person or entity.
3. Using the Services; Services and Content Use Restrictions
Creating an Account. Accounts may only be set up by you (and if not you, by an authorized representative of the individual that is the subject of the account and who is of the age of majority). We do not review accounts for authenticity and are not responsible for any unauthorized accounts that may appear on the Services. If you register with us or create an account, you are solely responsible and liable for the security and confidentiality of your access credentials and for restricting access to your Device and for all activity under your account. You will not sell, transfer, or assign your account or any account rights.
Plans; Purchases; Taxes. In order to access certain features of the Services, you may be required to purchase a service plan. Any deal terms presented to you at the time of purchase or other transaction you conduct on or initiate on the Services ("Transaction") shall be considered Additional Terms.
You agree to pay Rapidsend, LLC all charges at the prices presented to you or your agent(s).
You must provide a valid payment method when purchasing paid Services. Payments are processed by our authorized payment providers. Rapidsend does not store, retain, or have access to your full payment card details.
Each plan or service purchase grants access to the selected service for the period specified at the time of purchase. Once that period expires, the service may be suspended or become unavailable unless a new purchase is made by the customer.
All renewals are manual. Rapidsend does not automatically renew plans and does not charge customers automatically after the purchased service period ends. A new payment must be initiated by the customer to continue using the Services.
If you initiate a chargeback dispute for any payment or transaction made on our site, Rapidsend reserves the right to suspend or terminate the provision of services pending resolution of the dispute with the payment provider.
Some Transactions may be subject to taxes in certain jurisdictions. You are responsible for paying all applicable taxes.
Services Use Restrictions. You agree that you will not: (i) use the Services for any unlawful purpose; (ii) use any meta tags or any other "hidden text" utilizing any Intellectual Property; (iii) engage in any activities through or in connection with the Services that seek to attempt to or do harm any individuals or entities or are unlawful, offensive, obscene, violent, threatening, harassing, or abusive; (iv) decompile, disassemble, reverse engineer, or attempt to reconstruct, identify, or discover any source code, underlying ideas, underlying user interface techniques, or algorithms of the Services by any means whatsoever; (v) engage in any activity that interferes with a user's access to the Services or the proper operation of the Services; (vi) interfere with or circumvent any security feature of the Services; (vii) harvest or otherwise collect or store any information (including personally identifiable information about other users of the Services, including email addresses, without the express consent of such users); (viii) attempt to gain unauthorized access to the Services, other computer systems or networks connected to the Services, through password mining or any other means; or (ix) otherwise violate these Terms of Use or any applicable Additional Terms.
Content Use Restrictions. You also agree that, in using the Services, you will: (i) not monitor, gather, copy, or distribute the Content on the Services by using any robot, rover, "bot", spider, scraper, crawler, spyware, engine, device, software, extraction tool, or any other automatic device, utility, or manual process of any kind; (ii) not frame or utilize framing techniques to enclose any the Content; (iii) keep intact all trademark, copyright, and other Intellectual Property and other notices contained in the Content; (iv) not use the Content in a manner that suggests an unauthorized association with any of our or our licensors' products, services, or brands; (v) not make any modifications to the Content; (vi) not copy, modify, reproduce, archive, sell, lease, rent, exchange, create derivative works from, publish by hard copy or electronic means, publicly perform, display, disseminate, distribute, broadcast, retransmit, circulate or transfer to any third-party or on any Third-Party Services, or otherwise use or exploit the Content in any way for any purpose except as specifically permitted by these Terms of Use or any applicable Additional Terms, or with the prior written consent of an officer of Rapidsend.
Availability of Services and Content. Rapidsend, in its sole discretion without advance notice or liability, may immediately suspend or terminate the availability of the Services and/or Content (and any elements and features of them), in whole or in part, for any reason, in Rapidsend's sole discretion, and without advance notice or liability.
Age of Users. Unless otherwise specifically noted in the features made available to you, the Services, Content and any products and services appearing or marketed on the Services are intended for and directed towards the purchase and use by adults (those aged 18 years or above). Individuals under the age of 18 years may only use the Services with the supervision of a parent or legal guardian and should review these Terms of Use with a parent or legal guardian to ensure that they understand them.
Internet Connectivity Charges. Internet connectivity is required to access the Services. Any access fees or charges applicable to your internet connectivity are solely your responsibility. We are in no way responsible for the fees charged by or policies of internet service providers or others with whom you contract for such internet connectivity.
4. Wireless Features; Messages; Location-Based Features
Wireless Features. The Services may offer certain features and services via your wireless Device. Features and services may include the ability to access the Services' features, upload content to the Services, receive messages from the Services, and download applications to your wireless Device (collectively, "Wireless Features"). You agree to receive communications we may send through Wireless Features for which you are registered. Standard message, data and other fees may be charged by your carrier, and carriers may deduct charges from pre-paid amounts or data allowances, for which you are responsible.
Text and Email Messages. You may be given opportunities to subscribe to various email marketing or other messaging programs and by doing so, you consent to receive ongoing communications (including by auto-dialers where applicable) from us related to our various businesses and affiliates. Such consent is not required to purchase any product or Services aside from the messaging plan itself. You may cancel or modify our email marketing communications you receive from us by following the instructions contained within our promotional emails.
Location-Based Features. If GPS, geo-location or other location-based features are enabled on your Device, you acknowledge that your Device location may be tracked and may be shared with others consistent with the Privacy Policy. Use location-based services at your own risk as location data may not be accurate.
5. Notice and Take Down Procedure for Claims of Infringement
DMCA Notification. If you are a copyright owner who would like to send us a notice pursuant to the Digital Millennium Copyright Act ("DMCA") to identify content or material posted on the Services that is infringing and that you would like removed from our Services, or if you are a user whose work has been removed in response to such a notice of infringement and would like to file a DMCA counter-notice, you may submit such notice to us by following the instructions in this Section 5.
DMCA Requirements. We are committed to complying with copyright and related Intellectual Property laws. Our policy is to respond to notices of alleged infringement that comply with the DMCA. It is our policy to remove and discontinue service to repeat offenders. If you believe your copyrighted work has been copied and is accessible on the Services in a way that constitutes copyright infringement, you may notify us by providing our copyright agent with the following information in accordance with the requirements of the DMCA:
- The electronic or physical signature of the owner of the copyright or the person authorized to act on the owner's behalf.
- A description of the copyrighted work that you claim has been infringed and a description of the infringing activity.
- Identification of the location where the original or an authorized copy of the copyrighted work exists.
- Identification of the URL or other specific location on the Services where the material you claim is infringing is located, providing enough information to allow us to locate the material.
- Your name, address, telephone number, and email address so that we may contact you.
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf.
Our agent for notice of claims of copyright infringement on the Services can be reached as follows: By email: [email protected]. The email address above is only for reporting copyright infringement and may not be used for any other purpose.
6. Product Specifications; Pricing; Typographical Errors
We strive to accurately describe our products or services offered on the Services; however, we do not warrant that such specifications, pricing, or other content on the Services is complete, accurate, reliable, current, or error-free. As permitted by applicable law, Rapidsend, LLC shall have the right to refuse or cancel any orders in its sole discretion. Your orders are offers to purchase subject to our acceptance, which we may reject or cancel subject to refund. If we charged your credit or other account prior to rejection or cancellation, we will reissue credit to your account. If a product you purchased or accepted from Rapidsend is not as described, as permitted by applicable law, your sole remedy is to return it, to cancel the purchase and receive a credit for the purchase price.
7. Termination or Suspension
Termination by Us. We may, upon notice to you, issue a warning, temporarily suspend, indefinitely suspend, or terminate your account or your access to all or any part of the Services for any reason in our sole discretion. In certain cases, in our sole discretion, we may provide you with a written notice (a "Restriction Notice") to inform you: (i) your right to use or access any part of the Services has been terminated; (ii) we refuse to provide any Services to you; and (iii) any subsequent orders placed by you will be subject to cancellation.
For You to Terminate. You may terminate these Terms of Use by ceasing all use of the Services and deleting all Licensed Elements from your Device.
Effect of Termination or Suspension. Following termination (by us or by you) or suspension, you will not be permitted to use the Services. Any suspension or termination will not affect your obligations to Rapidsend under these Terms of Use or any applicable Additional Terms. Upon suspension or termination of your access to the Services, or upon notice from Rapidsend, all rights granted to you under these Terms of Use or any applicable Additional Terms will cease immediately, and you agree that you will immediately discontinue use of the Services. The provisions of these Terms of Use and any applicable Additional Terms, which by their nature should survive your suspension or termination will survive.
8. Disclaimers; Exclusions and Limitations of Liability
DISCLAIMER OF WARRANTIES AND CONDITIONS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Rapidsend, LLC AND ITS SUBSIDIARIES, AFFILIATES, AND EACH OF THEIR RESPECTIVE EMPLOYEES, DIRECTORS, MEMBERS, MANAGERS, SHAREHOLDERS, AGENTS, VENDORS, LICENSORS, LICENSEES, CONTRACTORS, CUSTOMERS, SUCCESSORS, AND ASSIGNS (COLLECTIVELY, "RAPIDSEND PARTIES") PROVIDE THE SERVICE, CONTENT, AND OTHER PRODUCTS OR SERVICES ON AN "AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS" BASIS WITHOUT ANY REPRESENTATION OR WARRANTY WHATSOEVER. THE USE OF THE SERVICES IS AT YOUR SOLE RISK.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE RAPIDSEND PARTIES DO NOT MAKE ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, THAT THE SERVICES, CONTENT, OR OTHER PRODUCTS OR SERVICES WILL: (I) BE UNINTERRUPTED OR SECURE; (II) BE FREE OF DEFECTS, INACCURACIES OR ERRORS; OR (III) OTHERWISE MEET YOUR REQUIREMENTS.
EXCLUSION OF DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, RAPIDSEND PARTIES WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST REVENUE, LOST OR CORRUPTED DATA, OR DAMAGE TO REPUTATION OR GOODWILL OR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE OR OTHER INDIRECT DAMAGES OR LOSSES ARISING FROM, RELATING TO OR CONNECTED WITH YOUR USE OF (OR INABILITY TO USE) THE SERVICES, REGARDLESS OF THE CAUSE OF ACTION ON WHICH THE CLAIM IS BASED, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
LIMITATION OF LIABILITY. TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL ANY RAPIDSEND PARTIES BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGES OF ANY KIND in connection with, or otherwise directly or indirectly related to the Services, including without limitation: your use of or inability to use the Services; any action taken in connection with an investigation by Rapidsend Parties or law enforcement authorities; any errors or omissions in the Services' technical operation or security; or any damage to any user's computer, hardware, software, modem, or other equipment or technology.
TO THE FULLEST EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT WILL THE RAPIDSEND PARTIES' TOTAL LIABILITY TO YOU, FOR ALL POSSIBLE DAMAGES, LOSSES, AND CAUSES OF ACTION IN CONNECTION WITH YOUR ACCESS TO AND USE OF THE SERVICES AND YOUR RIGHTS UNDER THESE TERMS OF USE, EXCEED AN AMOUNT EQUAL TO THE AMOUNT YOU HAVE PAID RAPIDSEND IN CONNECTION WITH THE TRANSACTION(S) THAT UNDERLIE THE CLAIM(S).
APPLICABLE JURISDICTIONAL LIMITS. CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OF OR LIMITATION OF CERTAIN DAMAGES. AS SUCH, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
9. Arbitration and Dispute Terms
Forum Selection/Jurisdiction. Jurisdiction and venue for any controversy, allegation, or claim arising out of or relating to the Services, the Content, your UGC, these Terms of Use, or any applicable Additional Terms, (collectively, "Dispute") shall be in Delaware, United States. Each party submits to personal jurisdiction and venue in Delaware, United States for any and all purposes.
Pre-Arbitration Notification. Rapidsend and you agree that it would be advantageous to discuss and hopefully resolve any Disputes before formal proceedings are initiated. The party making a claim shall send a letter to the other side briefly summarizing the claim and the request for relief. If Rapidsend is making a claim, the letter shall be sent, via email, to the email address listed in your Rapidsend account. If you are making a claim, the letter shall be sent to: [email protected], Attn: Legal Department. If the Dispute is not resolved within sixty (60) days after notification, the claimant may proceed to initiate proceedings as set forth in this Section 9.
Arbitration of Claims. Unless you give us notice of opt-out within five (5) business days of your first use of the Services, addressed to: [email protected], Attn: Legal Department, all actions or proceedings arising in connection with, touching upon or relating to any Dispute shall be submitted to binding arbitration under the Rules of Arbitration of the International Chamber of Commerce (ICC), to be held in Delaware, United States, before a single arbitrator. The arbitration shall be a confidential proceeding, closed to the general public. The arbitrator shall issue a written opinion stating the essential findings and conclusions upon which the arbitrator's award is based.
Limitation on Injunctive Relief. AS PERMITTED BY APPLICABLE LAW, IF YOU CLAIM THAT YOU HAVE INCURRED ANY LOSS, DAMAGES, OR INJURIES IN CONNECTION WITH YOUR USE OF THE SERVICES, THEN THE LOSSES, DAMAGES, AND INJURIES WILL NOT BE DEEMED IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR TO OTHER EQUITABLE RELIEF OF ANY KIND.
Governing Law. These Terms of Use and any applicable Additional Terms, General Disputes and IP Disputes, and any other claim brought by you against the Rapidsend Parties or by Rapidsend against you pursuant to this Section 9, or otherwise related to the Services, will be governed by, construed, and resolved in accordance with, the laws of the State of Delaware, United States, without regard to its conflicts of law provisions that might apply the laws of another jurisdiction.
Class Action Waiver. As permitted by applicable law, both you and Rapidsend waive the right to bring any Dispute as a class, consolidated, representative, collective, or private attorney general action, or to participate in a class, consolidated, representative, collective, or private attorney general action brought by anyone else. Both parties further waive any right to participate in a class action against the other party.
10. Indemnification
You agree to defend, indemnify, and hold harmless Rapidsend, LLC and its subsidiaries, affiliates, and their respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of: (1) your use of the Services; (2) your breach of these Terms of Use; (3) your violation of the rights of a third party, including but not limited to intellectual property rights; or (4) any overt harmful act toward any other user of the Services with whom you connected via the Services.
11. Changes to These Terms of Use
We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason. We will alert you about any changes by updating the "Last Updated" date of these Terms of Use, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms of Use to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by your continued use of the Services after the date such revised Terms of Use are posted.
Effective Date: January 1, 2026
