Effective Date: May 21, 2026
These Terms of Service ("Terms") constitute a legally binding agreement between you ("Customer," "you," or "your") and SendGauge ("Company," "we," "us," or "our"). By accessing or using the SendGauge platform, website, APIs, or any related services (collectively, the "Service"), you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree, you must immediately cease all use of the Service.
SendGauge provides email deliverability monitoring and analytics tools, including but not limited to domain reputation tracking, inbox placement testing, DNS and blocklist health monitoring, email service provider integrations, and AI-generated insights (collectively, the "Service"). The Service is provided on a subscription basis as described on our pricing page. The Service does not access, read, store, or process the contents of your emails, your contact lists, or any personal data from your Google account beyond what is strictly necessary to retrieve Google Postmaster Tools metrics.
You must be at least 18 years of age and capable of forming a binding contract to use the Service. By creating an account, you represent and warrant that all information you provide is accurate, current, and complete. You are solely responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
The Service is offered under paid subscription plans. All plans include a seven (7) day free trial period, which requires a valid payment method. Unless you cancel prior to the expiration of the trial period, your subscription will automatically convert to a paid subscription and you will be charged the applicable fee. Subscription fees are billed in advance on a monthly or annual basis, depending on the plan selected. All fees are non-refundable except as expressly stated herein or as required by applicable law. We reserve the right to modify pricing at any time upon thirty (30) days' notice. Continued use of the Service following a price change constitutes acceptance of the new pricing.
You agree not to:
Violation of these restrictions may result in immediate termination of your account without notice or refund.
The Service integrates with and relies upon third-party services, including but not limited to Google Postmaster Tools, Supabase, Stripe, Mailchimp, Kit (ConvertKit), Beehiiv, ActiveCampaign, MailerLite, and Anthropic ("Third-Party Services"). Your use of such Third-Party Services is subject to their respective terms of service and privacy policies. We do not control, endorse, or assume any responsibility for the content, privacy policies, practices, availability, or security of any Third-Party Services. You expressly acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any Third-Party Services.
Certain features of the Service require you to provide API keys, OAuth tokens, or other credentials for third-party email service providers and related platforms. By providing such credentials, you represent and warrant that you have the authority to grant us access to the relevant third-party accounts and that such access does not violate any agreement you have with the third-party provider. You acknowledge that you provide such credentials at your own risk and that we are not liable for any unauthorized access to or misuse of your third-party accounts, except to the extent caused by our gross negligence or willful misconduct.
The Service may include AI-generated deliverability insights, recommendations, scores, and analyses powered by third-party artificial intelligence models. Such outputs are provided for informational purposes only and do not constitute professional advice of any kind, including but not limited to legal, technical, or business advice. AI-generated content may be inaccurate, incomplete, or outdated. You acknowledge and agree that any reliance on AI-generated outputs is at your sole risk, and we disclaim all liability arising from your use of or reliance on such outputs.
All rights, title, and interest in and to the Service, including all associated intellectual property rights, remain with the Company. These Terms do not grant you any rights to use the Company's trademarks, logos, or other brand features. You retain all rights to your data; however, you grant us a limited, non-exclusive, worldwide license to use, process, store, and display your data solely as necessary to provide and improve the Service.
Our collection and use of personal information is governed by our Privacy Policy, which is incorporated herein by reference. By using the Service, you consent to the collection and use of your information as described therein.
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE MAKE NO WARRANTY REGARDING THE ACCURACY, RELIABILITY, OR COMPLETENESS OF ANY DATA, METRICS, SCORES, OR INSIGHTS PROVIDED THROUGH THE SERVICE, INCLUDING BUT NOT LIMITED TO DATA OBTAINED FROM GOOGLE POSTMASTER TOOLS OR ANY OTHER THIRD-PARTY SOURCE. WE DO NOT GUARANTEE ANY SPECIFIC RESULTS FROM THE USE OF THE SERVICE, INCLUDING BUT NOT LIMITED TO IMPROVEMENTS IN EMAIL DELIVERABILITY, INBOX PLACEMENT, OR DOMAIN REPUTATION.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SERVICE, REGARDLESS OF THE THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE) AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU HAVE PAID TO US IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100.00).
You agree to indemnify, defend, and hold harmless the Company and its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or in connection with: (a) your use of the Service; (b) your violation of these Terms; (c) your violation of any applicable law or regulation; (d) your violation of any rights of a third party; or (e) any data, content, or credentials you provide to the Service.
While we implement commercially reasonable security measures to protect your data, no method of electronic storage or transmission over the Internet is completely secure. We utilize third-party infrastructure providers for data storage and processing. You acknowledge and agree that we shall not be liable for any unauthorized access to, alteration of, or destruction of your data resulting from: (a) security vulnerabilities in third-party infrastructure, services, or software; (b) attacks, breaches, or unauthorized access affecting our third-party service providers; (c) circumstances beyond our reasonable control; or (d) your failure to maintain the security of your own account credentials, API keys, or access tokens.
We reserve the right to suspend or terminate your account and access to the Service at any time, with or without cause, and with or without notice. Upon termination, your right to use the Service will immediately cease. All provisions of these Terms that by their nature should survive termination shall survive, including but not limited to Sections 10, 11, 12, 13, 15, and 16.
These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions. Any dispute arising out of or relating to these Terms or the Service shall be resolved exclusively in the state or federal courts located in the State of Delaware, and you consent to the personal jurisdiction of such courts.
These Terms constitute the entire agreement between you and the Company regarding the Service and supersede all prior agreements and understandings. Our failure to enforce any provision of these Terms shall not constitute a waiver of such provision. If any provision of these Terms is found to be unenforceable, the remaining provisions shall remain in full force and effect. We may assign these Terms without restriction. You may not assign these Terms or any rights hereunder without our prior written consent.
We reserve the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms on the Service and updating the "Effective Date" above. Your continued use of the Service following the posting of modified Terms constitutes your acceptance of such modifications.
If you have any questions regarding these Terms, you may contact us at: alyssa@sendgauge.com