Terms of Service

By creating an account, accessing the service, or sending a single message through it, you agree to these terms. If you are agreeing on behalf of a company, you confirm you have authority to bind that company, and "you" means the company.

If you do not agree, do not use the service. Your only remedy for disagreeing with a change to these terms is to stop using the service and close your account.

SendKernel is a hosted email sending platform. We provide an interface, an API, contact storage, an AI assistant, and delivery infrastructure built on Amazon Simple Email Service. We are not an email marketing agency, we do not write your mail for you in any legal sense, and we do not review your campaigns before they send except where these terms say we do.

We may change, add, or remove features. If we remove something you depend on, we will give reasonable notice for paid accounts.

• You must be at least 18, or the age of majority where you live.
• You must give accurate registration information, including a business or personal name and a real postal address. Fake sender details are grounds for immediate termination, because US law requires them in commercial mail.
• You are responsible for everything that happens under your account, including anything your team members or your API keys do.
• Keep your API keys secret. A key posted in a public repository is your problem, not ours, and we may revoke it without notice if we find it.
• Tell us promptly at support@www.sendkernel.com if you believe your account has been compromised.

Your use of the service is governed by our Acceptable Use Policy, which forms part of these terms. Read it. It is the document that determines whether your account survives.

In short: send only to people who asked to hear from you, from a domain you control, and do not use the service for fraud, malware, phishing, or harassment. Violating the AUP is a material breach and may result in immediate suspension without refund.

You own your content — your message copy, templates, and contact lists. We claim no ownership over any of it.

You grant us the limited licence necessary to host, transmit, display, and back up that content solely to operate the service for you. That licence ends when you delete the content or close your account, except for backups that expire on their normal schedule and records we must keep for legal or abuse-prevention reasons.

Regarding contact data specifically, you are the data controller and we are your processor. You warrant that you have a lawful basis to hold each contact and to send them the mail you send. Our obligations as a processor are set out in the Data Processing Addendum.

The assistant can create audiences, import contacts, register domains, check DNS, and draft messages on your instruction. It cannot send mail, change your plan, alter billing, manage team membership, or create API keys. Those actions require a human click.

Assistant output is generated by a machine learning model and can be wrong. You are responsible for reviewing anything it produces before you approve it. An action you confirmed is an action you took, regardless of which of you suggested it.

When the assistant is enabled, the text of your messages and the workspace data it reads are transmitted to our model provider. The provider is disclosed on our sub-processor list and is contractually prohibited from training on or retaining that data. You can disable the assistant entirely for your workspace in Settings, and the rest of the service will work unchanged.

Some legal requirements are enforced by the software and cannot be switched off:

• Every marketing message carries a functioning unsubscribe mechanism, including RFC 8058 one-click headers, and your postal address.
• Unsubscribe requests are honoured immediately and permanently across your entire account, not just the list that sent the message.
• You cannot send from a domain you have not verified with SPF, DKIM, and DMARC.
• Addresses that hard bounce or report your mail as spam are suppressed automatically and cannot be removed by you.

These exist because your deliverability and ours are the same number. Do not ask us to disable them.

• Paid plans are billed monthly in advance and renew automatically until cancelled.
• Sending and contact imports stop at the plan's included limits. We do not add usage overage charges or move you to a higher tier without your explicit plan change.
• Fees exclude taxes. Where we are required to collect tax, it is added at checkout.
• Payments are non-refundable except where required by law or where we terminate your account without cause.
• If a payment fails we may suspend sending after reasonable notice. Your data is retained through the suspension period.
• You can cancel at any time. Cancellation takes effect at the end of the current billing period; we do not prorate.

We may change prices with at least 30 days' notice to the email address on your account. Price changes never apply retroactively to a period you have already paid for.

We may suspend or terminate your account if:

• You breach these terms or the Acceptable Use Policy.
• Your spam complaint rate exceeds 0.3% or your hard bounce rate exceeds 5%, measured over a rolling window. These pauses are automatic.
• Your sending pattern indicates a purchased, scraped, or harvested list.
• We are required to act by law, by a court, or by our own upstream providers.
• Your payment is more than 14 days overdue.

Where the reason is a reputation threshold rather than deliberate abuse, we will tell you what tripped and what to fix. Where the reason is deliberate abuse, we may terminate immediately and without refund.

On termination you may export your data for 30 days. After that we delete it, except for suppression records, which we keep indefinitely so that someone who unsubscribed is never mailed again by a reactivated account.

We aim for high availability but do not offer a contractual uptime guarantee on self-serve plans. The service is provided on an "as is" and "as available" basis.

We do not guarantee that any individual message will be delivered or will reach an inbox rather than a spam folder. Inbox placement is determined by receiving mail providers using signals we do not control, most of which depend on your own sending behaviour.

To the maximum extent permitted by law, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow these exclusions, in which case they apply to the extent permitted.

To the maximum extent permitted by law, neither party is liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits, revenue, data, or goodwill, even if advised such damages were possible.

Our total aggregate liability arising out of or relating to the service is limited to the greater of one hundred US dollars or the amount you paid us in the twelve months before the event giving rise to the claim.

Nothing here limits liability for fraud, wilful misconduct, death or personal injury caused by negligence, or anything else that cannot be limited by law.

You will defend and indemnify us against third-party claims, damages, and reasonable legal costs arising from your content, your contact data, your use of the service, or your breach of these terms or the Acceptable Use Policy. This includes regulatory penalties resulting from mail you sent.

We may update these terms. For material changes we will give at least 30 days' notice by email or in-app before they take effect. Continuing to use the service after that means you accept the revised terms.

• These terms, the AUP, the Privacy Policy, and the DPA are the entire agreement between us on this subject.
• If a provision is found unenforceable, the rest stays in force.
• Not enforcing a right once does not waive it.
• You may not assign this agreement without our written consent. We may assign it as part of a merger, acquisition, or sale of assets.
• Notices to you go to the email address on your account. Notices to us go to support@www.sendkernel.com.

General questions: support@www.sendkernel.com

To report abuse originating from this platform: abuse@www.sendkernel.com. Abuse reports are read by a human and acted on.