SendPilot Terms of Use

Last updated: October 7, 2025

Important: If you do not agree, do not use the Services.

1) Agreement to Terms

These Terms of Use (the “Terms”) govern your access to and use of SendPilot’s websites, products, and services, including our hosted SaaS offering and our self-hosted software (collectively, the “Services”). By accessing or using the Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, do not use the Services.

2) Who We Are

“SendPilot,” “we,” “us,” and “our” refer to Tek‑247 (and its affiliates) as the provider of the Services. “Customer,” “you,” and “your” refer to the person or entity using the Services.

3) Eligibility & Accounts

  • You must be at least 18 years old and capable of forming a binding contract.
  • You are responsible for safeguarding your account credentials and all activities under your account.
  • You will provide accurate account and billing information and keep it current.

4) Subscriptions, Self‑Hosted Licenses & Payments

  • Hosted (SaaS). Access is provided on a subscription basis. Unless otherwise stated, subscriptions renew automatically until canceled. You authorize us and our payment processor (e.g., Stripe) to charge applicable fees and taxes.
  • Self‑Hosted License. Subject to payment and compliance with these Terms, we grant you a limited, non‑exclusive, non‑transferable, non‑sublicensable license to install and run the SendPilot self‑hosted software for your internal business purposes. Except as permitted by law, you may not reverse engineer, decompile, or attempt to derive the source code. License keys may be required and may include technical measures to prevent unauthorized use.
  • Trials & Credits. Any free trials, promotional credits, or beta features are provided “as is” and may be modified or discontinued at any time.
  • Taxes. Fees are exclusive of taxes. You are responsible for all applicable taxes, duties, and government charges.
  • Refunds. We may provide refunds consistent with our posted policies or as required by law. For assistance, contact support@sendpilot.us.

5) Acceptable Use; Anti‑Spam

  • Lawful Use Only. You will comply with all applicable laws (including CAN‑SPAM, CASL, GDPR, e‑privacy, and local anti‑spam/telemarketing laws) and industry best practices.
  • Consent & Opt‑Out. You must have all necessary consents to send communications. You must include a valid sender identity and an effective opt‑out mechanism in each message where legally required.
  • Prohibited Content. No illegal content, malware, phishing, or content that infringes IP or privacy rights. No harassment, deception, or misrepresentation.
  • Rate/Deliverability Controls. You are responsible for configuring send rates, warm‑ups, DNS (SPF/DKIM/DMARC), and monitoring deliverability/bounces.
  • Abuse Monitoring. We may investigate complaints or anomalies (e.g., high bounce/complaint rates) and may suspend or terminate access to protect recipients and infrastructure.

6) Customer Data & Data Processing

“Customer Data” means content, data, and materials you or your users submit to or process via the Services. You retain all rights in Customer Data. You grant us a limited license to process Customer Data to provide the Services, support, security, fraud prevention, analytics (in aggregate/de‑identified form), and to comply with law. Where required, our Privacy Policy and a Data Processing Addendum (“DPA”) apply for personal data processing. A DPA is available upon request.

7) Self‑Hosted Specifics

  • Your Environment. You are solely responsible for the hosting environment, security, backups, and updates of self‑hosted deployments.
  • Support & Updates. If included, support and update eligibility are tied to your license and support plan. We may provide patches or new versions; you are responsible for timely installation.
  • License Scope. Unless otherwise stated, licenses are limited to your internal use and defined instances/users. You may not resell, provide SaaS, or timeshare the self‑hosted software to third parties without our written consent.

8) Third‑Party Services

The Services may depend on or interoperate with third‑party products or services (e.g., email providers, analytics, payment processors). Your use of third‑party services is governed by their terms and privacy policies. We are not responsible for third‑party services.

9) Intellectual Property; Feedback

We and our licensors own all rights, title, and interest in and to the Services and related IP. No rights are granted except as expressly stated. If you provide feedback or suggestions, you grant us a perpetual, irrevocable, worldwide, royalty‑free license to use and exploit them without restriction.

10) Confidentiality

Each party may disclose confidential information to the other. The receiving party will protect such information using reasonable measures and use it only for purposes of the relationship. Exceptions apply for publicly available information, information independently developed, or disclosures required by law (with notice where lawful).

11) Publicity

We may identify you as a customer (name and logo) in marketing materials and on our website unless you opt out by notifying support@sendpilot.us.

12) Disclaimers

EXCEPT AS EXPRESSLY PROVIDED, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON‑INFRINGEMENT. WE DO NOT WARRANT UNINTERRUPTED OR ERROR‑FREE OPERATION OR THAT THE SERVICES WILL MEET YOUR REQUIREMENTS.

13) Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW: (A) NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, COVER, EXEMPLARY, OR PUNITIVE DAMAGES, OR LOSS OF PROFITS, REVENUE, GOODWILL, OR DATA, EVEN IF ADVISED OF THE POSSIBILITY; AND (B) EACH PARTY’S TOTAL LIABILITY ARISING OUT OF OR RELATED TO THE SERVICES OR THESE TERMS WILL NOT EXCEED THE AMOUNT PAID OR PAYABLE BY YOU TO US FOR THE SERVICES GIVING RISE TO THE CLAIM IN THE 12 MONTHS PRECEDING THE EVENT FIRST GIVING RISE TO LIABILITY. THE FOREGOING LIMITATIONS DO NOT APPLY TO YOUR PAYMENT OBLIGATIONS OR YOUR INDEMNITY OBLIGATIONS.

14) Indemnification

You will defend, indemnify, and hold harmless SendPilot and its affiliates, officers, employees, and agents from and against any claims, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising from or related to (a) your use of the Services in violation of these Terms or law; (b) Customer Data; or (c) your self‑hosted deployment environment.

15) DMCA; IP Complaints

If you believe content accessible via the Services infringes your copyright, please email support@sendpilot.us with: (i) your contact information; (ii) identification of the copyrighted work; (iii) identification of the material and its location; (iv) a statement of good‑faith belief; (v) a statement under penalty of perjury of accuracy; and (vi) your physical or electronic signature.

16) Export & Sanctions

You represent that you are not located in, under the control of, or a national or resident of any embargoed country or prohibited list and will comply with export control and sanctions laws.

17) Government End Users

The Services are “commercial items” as defined at 48 C.F.R. §2.101 and are provided with only those rights set forth in these Terms.

18) Force Majeure

Neither party will be liable for delays or failures due to events beyond its reasonable control, including acts of God, labor disputes, internet failures, or government actions.

19) Termination

We may suspend or terminate the Services for cause, including breach of these Terms or legal risk. You may terminate at any time as provided in your plan. Upon termination, your right to access the hosted Services ceases; for self‑hosted, your license terminates unless otherwise stated. Certain sections survive (including ownership, confidentiality, disclaimers, limitations, indemnities).

20) Dispute Resolution; Arbitration; Class Action Waiver

Informal Resolution. Before filing a claim, the complaining party must email support@sendpilot.us and attempt to resolve the dispute informally for 30 days.

Arbitration. Except for claims that may be brought in small claims court, any dispute arising out of or relating to these Terms or the Services will be finally resolved by binding, individual arbitration under the rules of JAMS or AAA (as mutually agreed) in English, with the seat in your U.S. state of residence (or Chicago, Illinois if outside the U.S.). The arbitrator may award relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.

Class Action & Jury Trial Waiver. YOU AND SENDPILOT WAIVE ANY RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION. You may opt out of arbitration within 30 days of first accepting these Terms by emailing legal@sendpilot.us with subject “Arbitration Opt‑Out” and your account details.

21) Governing Law & Venue

These Terms are governed by the laws of the State of Illinois, without regard to conflict‑of‑laws rules, except that the Federal Arbitration Act governs the arbitration provision. Subject to the arbitration clause, courts of competent jurisdiction located in Cook County, Illinois will have exclusive jurisdiction.

22) Changes to the Services or Terms

We may modify the Services and these Terms from time to time. Material changes will be posted on the website or communicated to you. Changes become effective upon posting unless stated otherwise. If you continue to use the Services after changes take effect, you accept the changes.

23) Contact

Questions or notices may be sent to support@sendpilot.us. For privacy matters, see the Privacy Policy.