Effective Date: July 2, 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 (a) email reply automation, which connects to an email mailbox you authorize in order to detect replies to campaigns you configure and to send follow-up replies from your mailbox on your behalf; and (b) email deliverability monitoring and analytics, including 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.
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.
By connecting a mailbox, you authorize SendGauge to access that mailbox and to send messages from it on your behalf, solely to operate the automations you configure, as further described in our Privacy Policy. You may disconnect a mailbox or revoke this access at any time. You acknowledge and agree that:
The Service is offered under paid subscription plans described on our pricing page. All plans include a seven (7) day free trial, which requires a valid payment method. Unless you cancel prior to the end of the trial, 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.
Each plan includes a monthly allowance of replies handled (detected and, where applicable, answered). Usage in excess of your plan's allowance may be subject to overage charges or to pausing of automated sending, as described on our pricing page and in the Service. If your subscription lapses, is canceled, or your trial ends without conversion to a paid plan, your automations may be paused and will not detect or send replies until access is restored. All fees are non-refundable except as expressly stated herein or as required by applicable law. We may modify pricing upon thirty (30) days' notice, and continued use following a price change constitutes acceptance of the new pricing.
You agree not to:
Violation of these restrictions may result in immediate suspension or termination of your account without notice or refund.
The Service integrates with and relies upon third-party services, including but not limited to Google (Gmail and 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 and privacy policies, and your use of Google services through the Service is additionally subject to the Google API Services User Data Policy. We do not control, endorse, or assume responsibility for the content, policies, practices, availability, or security of any Third-Party Services, and shall not be liable for any damage or loss caused by or in connection with your use of or reliance on them.
Certain features require you to provide API keys, OAuth authorizations, or other credentials for third-party providers. By providing them, you represent and warrant that you have authority to grant us the relevant access 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. AI-generated content may be inaccurate, incomplete, or outdated. 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, OR SECURE, THAT EVERY REPLY WILL BE DETECTED, OR THAT EVERY MESSAGE WILL BE SENT OR DELIVERED. WE MAKE NO WARRANTY REGARDING THE ACCURACY, RELIABILITY, OR COMPLETENESS OF ANY DATA, METRICS, SCORES, OR INSIGHTS PROVIDED THROUGH THE SERVICE, INCLUDING DATA OBTAINED FROM GOOGLE OR ANY OTHER THIRD-PARTY SOURCE. WE DO NOT GUARANTEE ANY SPECIFIC RESULTS, INCLUDING IMPROVEMENTS IN EMAIL DELIVERABILITY, INBOX PLACEMENT, DOMAIN REPUTATION, OR REPLY OUTCOMES.
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 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) the content of any message sent through the Service on your behalf; (c) your violation of these Terms; (d) your violation of any applicable law or regulation, including laws governing electronic messaging; (e) your violation of any rights of a third party; or (f) 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 11, 12, 13, 14, 16, and 17.
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 shall not constitute a waiver of such provision. If any provision 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