Terms of Service

Please read these Terms of Service ("Terms") carefully before using the ProperSend website and platform operated by ProperSend.

1. Acceptance of Terms

By accessing or using our service, you agree to be bound by these Terms. If you disagree with any part of the terms, then you may not access the service.

2. Description of Service

ProperSend provides a "Bring Your Own Server" (BYOS) email marketing software platform. We provide the interface, automation logic, and analytics, but we do not provide the underlying SMTP or email delivery infrastructure. You must connect your own third-party sending service (e.g., Amazon SES, SendGrid, Mailgun).

3. Acceptable Use Policy

You agree not to use the Service to:

• Send spam, unsolicited bulk email, or any other unauthorized advertising.
• Send content that is illegal, defamatory, harassing, or violates the rights of third parties.
• Import or send to purchased, rented, or scraped email lists. All lists must be 100% opt-in.
• Violate the terms of service of the third-party SMTP provider you connect to our platform.
• Transmit any malware, viruses, or other malicious code.
• Attempt to gain unauthorized access to our systems or other users' accounts.

Violation of these rules may result in immediate account termination without refund.

4. Anti-Spam Policy

ProperSend has a strict zero-tolerance policy for unsolicited email (spam). All subscribers must have explicitly opted in to receive communications from you. We reserve the right to review campaign content and list sources at any time. Accounts found to be in violation will be suspended immediately and may face permanent termination.

5. Data Ownership

You own your data. All subscriber lists, campaign content, templates, and analytics data you create or import into ProperSend remain your intellectual property. We do not claim any ownership rights over your content. You may export your data at any time using our built-in export tools.

6. Payments and Refunds

Services are billed in advance on a subscription basis (monthly or yearly) or as a one-time lifetime payment. There are no refunds or credits for partial months of service, downgrade refunds, or refunds for months unused with an open account. Lifetime deals are non-refundable after 14 days from the date of purchase.

7. Account Suspension and Termination

We may suspend or terminate your account if:

• You violate these Terms or our Acceptable Use Policy.
• Your payment method fails and remains unresolved for 14 days.
• Your account shows suspicious or fraudulent activity.
• You exceed your plan's subscriber limits without upgrading after the grace period.

Upon termination, you will have 30 days to export your data. After 30 days, we reserve the right to delete all data associated with your account.

8. Intellectual Property

The Service and its original content, features, and functionality are and will remain the exclusive property of ProperSend and its licensors. Our trademarks and trade dress may not be used in connection with any product or service without our prior written consent.

9. Indemnification

You agree to defend, indemnify, and hold harmless ProperSend and its officers, directors, employees, and agents from and against any claims, damages, obligations, losses, or expenses arising from: (a) your use of the Service; (b) your violation of these Terms; (c) your violation of any third-party rights; or (d) the content of any emails sent through the Service using your SMTP infrastructure.

10. Limitation of Liability

In no event shall ProperSend, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from your access to or use of or inability to access or use the Service.

11. Governing Law

These Terms shall be governed and construed in accordance with applicable laws, without regard to conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

12. Expert Services

We may offer optional, paid Expert Services (also called done-for-you or professional services), such as sending-server setup, provider configuration, automation and campaign building, domain reputation work, and deliverability or warm-up assistance. These services are advisory and best-effort, are scoped and quoted separately in writing before any work begins, and are performed on your own accounts and infrastructure, which remain entirely yours. ProperSend is a software provider and not an email-sending service; you remain solely responsible for your sending, your lists, and your sender reputation. We do not guarantee any specific deliverability, inbox placement, or commercial outcome.

13. Contact Us

If you have any questions about these Terms, please contact us at support@propersend.com.