Terms of Service

Last updated: January 2025

Overview

These Terms govern the use of all products, websites, services, and applications operated by Cuppasend ("we", "our", "the Service"). By accessing or using the Service, you agree to comply with these Terms. If you do not agree, you must not use the platform. These Terms apply to all account holders, users, and visitors ("you", "your", "User"). Please read these Terms carefully. By creating an account or using Cuppasend in any way, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.

Definitions

For clarity:

"Account" means your registered Cuppasend profile.
"Connected Email Address" means any email account you integrate for sending.
"Workspace" means any shared environment or team collection of data within Cuppasend.
"Campaign" means any automated or manual sending flow created through the Service.
"User Content" means all text, contacts, messages, or data you upload or generate.
"Customer Data" means email recipients' data and contact information you provide.

Eligibility & Account Requirements

To use Cuppasend you must:

Be at least 18 years old.
Provide accurate account information.
Not be prohibited from using digital communication tools under applicable law.
Maintain security of your credentials. Sharing login credentials with unauthorized persons is not permitted.

You are responsible for all activities that occur under your account.

Permitted Use of the Platform

You may use Cuppasend solely for lawful business communication and outreach purposes, including:

B2B prospecting
Customer engagement
Lead nurturing
Professional follow-ups

You may not use Cuppasend for unlawful, harmful, misleading, or abusive activity. More details are outlined in our Acceptable Use Policy.

Email Account Connections

You may connect email accounts to send messages via your preferred providers. By doing so, you confirm that:

You are authorized to use those inboxes.
You comply with your provider's policies (Google, Microsoft, SMTP services, etc.).
You will not attempt to circumvent sending limits, reputation safeguards, or rate controls.
You understand that email deliverability depends on external factors outside our control.
You bear full responsibility for any sending activity originating from your connected accounts.

Customer Data & Privacy

You retain full ownership of Customer Data. By using the Service, you grant us a limited license to store, process, and use Customer Data solely to provide and improve the Service. Your responsibilities:

You must have a legal basis for using and uploading contact data.
You must comply with privacy laws applicable to your region (GDPR, PECR, CAN-SPAM, CASL, CCPA, and others).
You must honor deletion or opt-out requests.

We will not sell or rent your Customer Data.

Platform Features & Limitations

Cuppasend is provided "as is" and "as available." We do not guarantee:

Email delivery to inbox
Open, reply, or conversion rates
Outcomes from automated or manual sending

We reserve the right to: • Modify any feature • Add or remove functionalities • Adjust sending speeds or apply protective throttling • Perform maintenance without prior notice

Fees, Billing & Refunds

Subscription fees are billed in advance.
Charges are non-refundable unless required by law.
Failure to pay may result in service suspension.
We may adjust prices with prior notice.
Taxes may apply depending on jurisdiction.

Acceptable Use & Compliance

Users must comply with:

These Terms
The Sending & Outreach Policy
The Acceptable Use Policy
All applicable communication and privacy laws

We may monitor system-wide behavior to ensure compliance but do not read individual emails unless required for legal or abuse investigations.

Suspension & Termination

We may suspend or terminate access to the Service if:

You violate any policy
You engage in harmful or abusive behavior
Your sending negatively affects system reputation
You misuse Customer Data
Required by law or regulatory authority

Upon termination, we may retain essential logs for legal compliance but will not retain Customer Data longer than necessary.

Data Protection & Security

We employ reasonable administrative, technical, and physical safeguards. However:

No digital system is completely secure
You are responsible for safeguarding login information
A separate Privacy Policy governs detailed data governance.

Intellectual Property

Cuppasend retains ownership of all platform code, branding, designs, systems, and documentation.

You may not: • Reverse engineer the platform • Copy or reproduce system components • Redistribute the platform or provide it as a competing service

Third-Party Services

Our platform integrates with third-party providers. We are not liable for outages, restrictions, or failures caused by those providers.

Warranties & Disclaimers

The Service is provided without warranties of any kind. We disclaim:

Merchantability
Fitness for a particular purpose
Non-infringement
Guarantee of uninterrupted service

Limitation of Liability

To the maximum extent allowed by law:

Our total liability is limited to the amount you paid in the preceding 12 months.
We are not liable for indirect, consequential, or incidental damages.

Indemnification

You agree to indemnify Cuppasend against claims relating to:

Your misuse of the Service
Your unlawful sending
Your breach of data protection responsibilities
Intellectual property violations related to your content

Modifications to the Terms

We may revise these Terms occasionally. Updated terms will apply immediately upon posting. Continued use of the Service indicates acceptance.

Governing Law & Dispute Resolution

These Terms are governed by the laws of the United Kingdom. Any disputes shall be resolved through:

Attempts at informal negotiation
If unresolved, arbitration or a competent court in the appropriate jurisdiction

General

These Terms constitute the entire agreement.
If any part is deemed unenforceable, the rest remains valid.
Failure to enforce a right is not a waiver of that right.

Questions?

If you have any questions about this policy, please contact us at [email protected]