SendTech Terms of Use
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE ACCESSING OR USING THIS WEBSITE. BY ACCESSING OR USING WWW.SENDTECH.AI, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE, DO NOT USE THIS WEBSITE.
These Website Terms of Use ("Terms") govern access to and use of www.sendtech.ai ("Website"), the SendTech marketing website operated by SendtoWin LLC ("Company," "we," "our," or "us"). These Terms govern Website browsing and inquiries. Registration for, purchase of, and use of the SendTech app are governed by its separate Terms and Conditions at https://app.sendtech.ai/terms. The SendtoWin website at www.sendtowin.com has separate website terms, and SendtoWin managed services are governed by the applicable separate service agreement.
1. ACCEPTANCE OF TERMS
By accessing or using the Website, you represent that you are at least 18 years of age and, if acting on behalf of a company or organization, that you have authority to bind that entity to these Terms.
2. USE OF WEBSITE
2.1 Permitted Use
You may use the Website for lawful purposes only, including to learn about our services, submit inquiries, and engage with our content. You agree not to:
Violate any applicable federal, state, local, or international laws or regulations;
Interfere with or disrupt the security, integrity, or functionality of the Website;
Use the Website to transmit spam, malware, phishing content, or unauthorized commercial communications;
Attempt to gain unauthorized access to our systems, accounts, or data;
Scrape, crawl, or harvest content or data from the Website without our prior written consent;
Use the Website in any manner that could damage, disable, overburden, or impair our infrastructure;
Impersonate any person or entity or misrepresent your identity or affiliation;
Distribute, store, or transmit any unlawful, harmful, defamatory, fraudulent, or abusive content;
Circumvent, reverse-engineer, or attempt to derive source code from any portion of the Website; or
Use any automated means, bots, or scripts to access or interact with the Website without our prior written consent.
3. SERVICES DESCRIPTION AND DISCLAIMERS
3.1 Nature of Services
SendtoWin LLC operates SendTech, a business-to-business email infrastructure and deliverability platform offering domain acquisition, domain maintenance and warm-up, and email account creation and warm-up services. This Website markets those services and provides links to the separate app. Website descriptions of products, services, capabilities and results are for general information and do not guarantee specific outcomes. Purchases and use of services are governed by the separate SendTech app Terms and Conditions or another applicable service agreement.
3.2 No Performance Guarantee
SENDTOWIN LLC MAKES NO WARRANTY OR GUARANTEE OF ANY SPECIFIC RESULT, OUTCOME, LEAD VOLUME, REPLY RATE, OPEN RATE, INBOX PLACEMENT RATE, DELIVERABILITY RESULT, OR OTHER PERFORMANCE METRIC THROUGH THIS WEBSITE. Outbound email deliverability is affected by third-party inbox providers, domain reputation, configuration, recipient behavior, and other factors outside our control. Past results described on this Website are not indicative of future performance. Warranties and obligations concerning purchased services are governed by the applicable separate service agreement.
3.3 Email Compliance
Customers using SendTech services are responsible for compliance matters within their control under applicable laws governing outbound communications, including CAN-SPAM and applicable privacy and marketing laws, as addressed in the applicable service agreement. SendtoWin LLC does not provide legal or compliance advice. This provision does not limit independent legal obligations imposed on SendtoWin LLC.
3.4 Links to the App
Following a link from this Website does not itself register you for the app or create a subscription. Account registration, purchases, billing, cancellation, and service obligations are governed by the separate SendTech app Terms and Conditions and the applicable registration or checkout process.
4. INTELLECTUAL PROPERTY
All content on the Website, including text, images, graphics, trademarks, logos, case studies, and software, is owned by or licensed to SendtoWin LLC and is protected by applicable intellectual property laws. You may not reproduce, distribute, modify, create derivative works from, or commercially exploit any Website content without our prior written consent.
5. PRIVACY AND COOKIE POLICY
Our Website Privacy Policy at https://www.sendtech.ai/legal/privacy-policy and Website Cookie Policy at https://www.sendtech.ai/legal/cookie-policy describe information practices, regional settings and available controls. Your use acknowledges those disclosures; it does not itself provide consent to processing where applicable law requires specific consent. Cookie choices have the scope explained in those policies and do not govern the separate SendTech app or the SendtoWin website.
6. DISCLAIMERS OF WARRANTY
THE WEBSITE AND ALL CONTENT AND INFORMATION CONTAINED THEREON ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SENDTOWIN LLC DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO: (A) IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT; (B) ANY WARRANTY THAT THE WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE; AND (C) ANY WARRANTY AS TO THE ACCURACY, COMPLETENESS, OR RELIABILITY OF ANY CONTENT OR INFORMATION ON THE WEBSITE, INCLUDING DESCRIPTIONS OF OUR SERVICES OR RESULTS.
7. LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SENDTOWIN LLC AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE WEBSITE OR ITS CONTENT. SENDTOWIN LLC’S TOTAL AGGREGATE LIABILITY TO YOU FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE WEBSITE SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100.00). THIS LIMITATION APPLIES REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF SENDTOWIN LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
These liability limitations apply to Website access and use only. Liability relating to SendtoWin managed services is governed by the applicable service agreement. Liability relating to the SendTech app and services is governed by the separate SendTech Terms and Conditions. Nothing in these Terms excludes or limits liability to the extent prohibited by applicable law.
8. TERMINATION OF ACCESS
We reserve the right to suspend or terminate your access to the Website at any time, at our sole discretion, without notice and without liability. We may also discontinue, modify, or restrict any portion of the Website at any time without liability.
9. INDEMNIFICATION
You agree to indemnify, defend, and hold harmless SendtoWin LLC, its affiliates, officers, employees, and agents from and against any claims, damages, losses, liabilities, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) your use of the Website in violation of these Terms; (b) your violation of any applicable law or regulation; or (c) your infringement of any third-party intellectual property or other rights.
10. GOVERNING LAW AND DISPUTE RESOLUTION
These Terms are governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
Any dispute arising out of or related to these Terms or your use of the Website shall be finally resolved by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, before a single arbitrator, unless resolved by the parties in writing prior to commencement of arbitration proceedings. The arbitration shall be seated in Palm Beach County, Florida. The language of the arbitration shall be English. The arbitrator’s award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.
CLASS ACTION WAIVER: To the fullest extent permitted by applicable law, you may resolve disputes with us only on an individual basis and may not bring or participate in a class, consolidated or representative action against SendtoWin LLC or its employees or affiliates. Claims arising out of or related to these Terms or Website use are subject to the applicable statutory limitation periods.
11. FORCE MAJEURE
SendtoWin LLC shall not be liable for any delay or failure to maintain or operate the Website due to circumstances beyond our reasonable control, including acts of God, natural disasters, internet infrastructure failures, cyberattacks, governmental actions, or other similar events.
12. THIRD-PARTY LINKS
The Website may contain links to third-party websites. SendtoWin LLC does not endorse, control, or assume responsibility for the content, privacy practices, or accuracy of any third-party website. Your use of third-party websites is at your own risk and subject to their own terms and policies.
13. SEVERABILITY
If any provision of these Terms is found to be invalid or unenforceable under applicable law, that provision shall be modified to the minimum extent necessary to make it valid and enforceable, and the remaining provisions shall continue in full force and effect.
14. ENTIRE AGREEMENT
These Terms, together with the Website Privacy Policy and Website Cookie Policy, constitute the entire agreement concerning Website access and use and supersede prior agreements on that subject. They do not replace or modify a SendtoWin managed-services agreement or the separate SendTech Terms and Conditions governing the app and its services.
15. CHANGES TO THESE TERMS
We reserve the right to update these Terms from time to time. Revisions will be posted on this page with an updated Last Updated date and will apply prospectively from their stated effective date. To the extent permitted by applicable law, your continued use of the Website after the revised Terms take effect and after any required notice constitutes acceptance of the revised Terms. Where applicable law requires additional notice or another form of acceptance, we will provide that notice or obtain that acceptance. If you do not agree, discontinue use of the Website.
16. CONTACT US
For inquiries regarding these Terms, contact information is provided below:
SendtoWin LLC
Email: contact@sendtowin.com
Website: www.sendtech.ai
Palm Beach County, Florida, United States
These Terms apply to access to and use of the marketing website at www.sendtech.ai only. They do not govern www.sendtowin.com, SendTech app services or a contracted managed-services engagement.
