Terms of Service

Last Updated: May 31, 2025

Welcome to BuffSend! These Terms of Service (“Terms”) govern your access to and use of BuffSend’s website (buffsend.com), products, and services (collectively, the “Service”) operated by BUFFSEND ("us", "we", or "our"). Please read these Terms carefully before using the Service. By accessing or using the Service, you agree to be bound by these Terms and all applicable laws and regulations. If you do not agree to these Terms, you may not use the Service.

1. Acceptance of Terms

By accessing, registering for, or using BuffSend, you acknowledge that you have read, understood, and agree to be bound by these Terms, our Privacy Policy (which is incorporated herein by reference), and any additional terms and conditions that may apply to specific features or services. If you are using the Service on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms, and references to "you" include that organization.

2. Description of Service

BuffSend provides a suite of email marketing tools and services, including but not limited to campaign management, analytics, contact management, automation, sender verification, and integrations with third-party platforms like Google Gmail. BuffSend may, at its sole discretion, modify, suspend, or discontinue any part of the Service at any time, with or without notice.

3. Eligibility

You must be at least 18 years old and capable of forming a binding contract to use the Service. By using the Service, you represent and warrant that you meet these requirements. The Service is not intended for use by individuals under the age of 18.

4. Account Registration and Security

4.1. Account Creation

To access certain features, you must create an account by providing accurate, current, and complete information. You agree to update your information as necessary to maintain its accuracy.

4.2. Account Security

You are responsible for maintaining the confidentiality of your account credentials (including passwords and API keys) and for all activities that occur under your account. You agree to notify BuffSend immediately of any unauthorized use or suspected breach of security at legal@buffsend.com.

4.3. Account Responsibility

BuffSend is not liable for any loss or damage arising from your failure to comply with these security requirements. You are responsible for all activities conducted through your account.

5. User Conduct and Responsibilities

You agree to use the Service only for lawful purposes and in accordance with these Terms and all applicable laws and regulations. You agree not to:

Use the Service to send spam, unsolicited emails, or other communications in violation of applicable laws (including but not limited to CAN-SPAM, GDPR, CASL).
Upload or transmit illegal, harmful, fraudulent, infringing, offensive, or otherwise objectionable content.
Distribute malware, viruses, worms, defects, Trojan horses, corrupted files, hoaxes, or any other items of a destructive or deceptive nature.
Infringe upon the intellectual property, privacy, publicity, or other rights of any third party.
Harass, abuse, threaten, defame, or harm any person or entity.
Attempt to gain unauthorized access to the Service, user accounts, computer systems, or networks connected to the Service through hacking, password mining, or any other means.
Interfere with or disrupt the integrity or performance of the Service or the data contained therein.
Use the Service for any purpose that competes with BuffSend's services.
Reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code or underlying structure, ideas, or algorithms of the Service.
Impersonate any person or entity or misrepresent your affiliation with any person or entity.
Use purchased, rented, or third-party lists of email addresses without explicit consent from the recipients.

BuffSend reserves the right to investigate and take appropriate legal action against anyone who, in BuffSend's sole discretion, violates these provisions, including suspending or terminating accounts and reporting violations to law enforcement authorities.

6. User Content

6.1. Ownership

You retain all ownership rights to the content you upload, submit, store, or transmit through the Service, including email lists, templates, and campaign data (“User Content”).

6.2. License to BuffSend

By submitting User Content, you grant BuffSend a worldwide, non-exclusive, royalty-free, sublicensable license to use, reproduce, modify, adapt, publish, translate, distribute, perform, and display such User Content solely to the extent necessary to provide, maintain, and improve the Service for you and to perform our obligations under these Terms. This license terminates when you delete your User Content or your account, except to the extent necessary for backup or archival purposes or as required by law.

6.3. Responsibility

You are solely responsible for your User Content and the consequences of sharing or publishing it. You represent and warrant that: (i) you own or have the necessary rights, licenses, consents, and permissions to submit your User Content and to grant the rights described herein; and (ii) your User Content does not violate these Terms, applicable law, or the rights of any third party.

6.4. Prohibited Content

You agree not to upload, post, or transmit any User Content that falls into the categories prohibited under Section 5 (User Conduct and Responsibilities) or is otherwise unlawful or objectionable in BuffSend's reasonable judgment.

BuffSend reserves the right, but is not obligated, to review, screen, remove, or disable access to any User Content that violates these Terms or is otherwise objectionable, without prior notice.

7. Data Privacy and Security

Your privacy is important to us. Our collection, use, and protection of your personal information and User Content are governed by our Privacy Policy. By using the Service, you consent to the practices described therein.

BuffSend implements reasonable administrative, technical, and physical safeguards designed to protect your data from unauthorized access, use, or disclosure. However, no method of transmission or storage is completely secure. You acknowledge and accept the inherent risks of transmitting information online.

8. Connecting Google Accounts

If you choose to connect your Google Account (e.g., Gmail) to use features like sending emails via Gmail, you will be asked to grant BuffSend specific permissions via Google OAuth. Our use of any data obtained through this process is strictly limited to providing the Service's core functionality, such as sending emails you schedule, enabling email threading, and verifying your sender identity.

You are responsible for managing the connection between BuffSend and your Google Account. BuffSend is not responsible for actions taken within your Google Account. For full details on the specific permissions requested and how we handle your Google user data, please refer to our Privacy Policy, which adheres to the Google API Services User Data Policy, including the Limited Use requirements.

9. Subscription, Billing, and Payment

9.1. Fees

Access to certain features of the Service may require payment of subscription fees based on your chosen plan ("Subscription Fees"). Current fees are described on the BuffSend website pricing page and may be updated from time to time upon reasonable notice, which may be provided via the website or email.

9.2. Payment Terms

You agree to pay all Subscription Fees and applicable taxes associated with your account in accordance with the billing terms in effect at the time a fee or charge is due and payable. Payments are processed through a third-party payment processor (e.g., Stripe). By providing payment information, you authorize BuffSend (or its processor) to charge your payment method for all applicable fees.

9.3. Automatic Renewal

Unless you cancel your subscription before the end of the current subscription term through your account settings, your subscription will automatically renew for successive terms of the same duration at the then-current Subscription Fees. You authorize us to charge your payment method for the renewal term.

9.4. Cancellation and Refunds

You may cancel your subscription at any time through your account settings. Cancellation will be effective at the end of your current billing period. Subscription Fees are non-refundable except as expressly stated in these Terms or as required by applicable law. No refunds or credits will be provided for partial subscription periods or unused services.

9.5. Taxes

You are responsible for all applicable taxes, levies, or duties imposed by taxing authorities associated with your subscription, excluding taxes based solely on BuffSend's net income.

9.6. Changes to Fees

BuffSend reserves the right to change its Subscription Fees and billing methods at any time. We will provide reasonable notice (e.g., 30 days) of any fee increases or significant changes to billing methods by posting updated information on the website or notifying you via email.

10. Free Trials and Promotions

BuffSend may offer free trials or promotional pricing for the Service. Specific terms for any trial or promotion will be provided at the time of the offer. Unless you cancel before the end of the trial or promotional period, you may be automatically charged the applicable Subscription Fee. Free trials are typically limited to one per user or organization.

11. Termination and Suspension

11.1. By You

You may terminate your account and cease use of the Service at any time by following the instructions in your account settings or contacting support. Termination does not relieve you of the obligation to pay any accrued fees.

11.2. By BuffSend

BuffSend may suspend or terminate your access to the Service or your account immediately, with or without notice, for any reason, including but not limited to:

Violation of these Terms or our policies.
Non-payment of Subscription Fees.
Extended periods of inactivity (e.g., 12 months).
Conduct that BuffSend believes, in its sole discretion, is harmful to other users, BuffSend, third parties, or the Service itself.
Compliance with legal requirements or governmental requests.

Upon termination, your right to use the Service will immediately cease. BuffSend may delete your account and all associated User Content permanently. BuffSend will not be liable to you or any third party for any termination or suspension of your account or access to the Service. Sections of these Terms that by their nature should survive termination (including, but not limited to, ownership provisions, warranty disclaimers, indemnity, limitations of liability, confidentiality, and dispute resolution) will remain in effect.

12. Intellectual Property

12.1. BuffSend's Rights

The Service and all its components, including but not limited to text, graphics, logos, icons, images, audio/video clips, software, features, functionality, and the underlying technology, design, selection, and arrangement thereof (excluding User Content), are the exclusive property of BUFFSEND or its licensors and are protected by copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

12.2. Limited License

Subject to your compliance with these Terms, BuffSend grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service solely for your internal business purposes during your subscription term. You may not copy, modify, distribute, sell, lease, reverse engineer, or create derivative works based on any part of the Service or its content without BuffSend's prior written consent.

12.3. Trademarks

"BuffSend" and associated logos are trademarks of BUFFSEND You may not use these marks without our prior written permission.

12.4. Feedback

If you provide BuffSend with any feedback, suggestions, improvements, or ideas regarding the Service (“Feedback”), you hereby grant BuffSend a worldwide, perpetual, irrevocable, royalty-free, fully paid-up license to use, incorporate, modify, distribute, and otherwise exploit such Feedback for any purpose without any obligation or compensation to you.

13. Third-Party Services and Links

The Service may integrate with, contain links to, or rely on third-party websites, products, or services (“Third-Party Services,” e.g., Google, Stripe, hosting providers). BuffSend does not endorse, control, or assume responsibility for any Third-Party Services, their content, privacy policies, or practices. Your use of Third-Party Services is at your own risk and subject to the terms and policies of those third parties. BuffSend is not liable for any damage or loss caused by or in connection with your use of or reliance on any Third-Party Services.

14. Confidentiality

You agree not to disclose BuffSend's Confidential Information without our prior written consent. "Confidential Information" includes any non-public information related to the Service, its features, performance, technology, business plans, pricing (other than publicly available pricing), and any other information designated as confidential. You agree to use reasonable care to protect BuffSend's Confidential Information. This obligation does not apply to information that: (a) becomes publicly known through no fault of yours; (b) was known to you prior to disclosure by BuffSend; or (c) is rightfully obtained from a third party without breach of confidentiality obligations.

15. Disclaimers

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

BUFFSEND DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT THAT THE RESULTS OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE.

YOU ARE SOLELY RESPONSIBLE FOR YOUR USE OF THE SERVICE, INCLUDING COMPLIANCE WITH ALL APPLICABLE LAWS (SUCH AS EMAIL MARKETING REGULATIONS). BUFFSEND DISCLAIMS ALL LIABILITY FOR THE ACCURACY, COMPLETENESS, OR APPROPRIATENESS OF ANY USER CONTENT.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BUFFSEND OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.

16. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BUFFSEND, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

(A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE;
(B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES;
(C) ANY CONTENT OBTAINED FROM THE SERVICE;
(D) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT; OR
(E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY.

IN NO EVENT SHALL THE AGGREGATE LIABILITY OF BUFFSEND AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, AND LICENSORS EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (USD $100.00) OR THE TOTAL AMOUNT YOU PAID BUFFSEND FOR THE SERVICE IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, AND WHETHER OR NOT BUFFSEND HAS BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

17. Indemnification

You agree to indemnify, defend, and hold harmless BuffSend and its affiliates, officers, directors, employees, agents, licensors, and suppliers from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:

(a) Your use of or access to the Service;
(b) Your violation of these Terms or any applicable law or regulation;
(c) Your User Content, including any claim that it infringes or violates the rights of any third party;
(d) Your violation of any rights of another party, including other users; or
(e) Your connection and use of any Third-Party Service (like Google).

BuffSend reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims.

18. Export Compliance

The Service may be subject to export laws and regulations of the United States and other jurisdictions. You represent that you are not named on any U.S. government denied-party list. You shall not permit users to access or use the Service in a U.S.-embargoed country or in violation of any U.S. export law or regulation.

19. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the Republic of Turkey, specifically the laws applicable in Istanbul, without regard to its conflict of law provisions.

19.1. Informal Resolution

We want to address your concerns without needing a formal legal case. Before filing a claim against BuffSend, you agree to try to resolve the dispute informally by contacting legal@buffsend.com. We'll try to resolve the dispute informally by contacting you via email. If a dispute is not resolved within 60 days of submission, you or BuffSend may bring a formal proceeding.

19.2. Arbitration

Any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in Istanbul, Turkey before one arbitrator. The arbitration shall be administered pursuant to the applicable arbitration rules. Judgment on the Award may be entered in any court having jurisdiction.

19.3. Class Action Waiver

YOU AND BUFFSEND AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and BuffSend agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.

19.4. Exceptions to Arbitration

Notwithstanding the foregoing, either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Service, or intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above. Claims related to unpaid fees may also be brought in a court of competent jurisdiction.

20. Changes to Terms

BuffSend reserves the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide reasonable notice (e.g., at least 30 days) prior to any new terms taking effect, such as by posting an announcement on our website, sending you an email, or notifying you through the Service. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.

21. Miscellaneous

21.1. Entire Agreement

These Terms, together with the Privacy Policy and any other agreements expressly incorporated by reference (like a Data Processing Addendum, if applicable), constitute the entire agreement between you and BuffSend regarding the Service and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Service.

21.2. Severability

If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

21.3. Waiver

No waiver by BuffSend of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of BuffSend to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

21.4. Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without BuffSend's prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and void. BuffSend may assign or transfer these Terms, at its sole discretion, without restriction.

21.5. Notices

All legal notices to BuffSend must be sent in writing to legal@buffsend.com. BuffSend may provide notices to you under these Terms via email to the address associated with your account, by posting within the Service, or by posting on the BuffSend website. Notices provided by email will be deemed given on the date transmitted.

21.6. Force Majeure

BuffSend shall not be liable for any failure or delay in performance resulting from causes beyond its reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.

22. Additional Provisions for Email Marketing Services

22.1. Compliance with Email Laws

You are solely responsible for ensuring that your use of the Service for email marketing complies with all applicable laws and regulations, including but not limited to the CAN-SPAM Act (US), GDPR (EU/UK), CASL (Canada), and other anti-spam, privacy, and data protection laws relevant to your recipients. This includes obtaining necessary consents, honoring opt-out/unsubscribe requests promptly (within required timeframes, e.g., 10 business days for CAN-SPAM), providing clear identification, and including valid physical contact information in your emails.

22.2. Prohibited Email Content and Practices

In addition to the general User Conduct rules, you may not use the Service to send emails that:

Contain false, deceptive, or misleading subject lines, header information, or content.
Promote illegal products or services, hate speech, discrimination, pornography, gambling (in restricted jurisdictions), or other activities deemed harmful or offensive by BuffSend.
Use email lists obtained through scraping, purchasing, or renting without explicit, verifiable consent from each recipient for the specific type of communication you are sending.
Fail to include a clear and conspicuous unsubscribe link and/or mechanism.
Result in excessive spam complaints, bounces, or abuse reports, as determined by BuffSend or industry standards.

22.3. List Management

You are responsible for maintaining clean, accurate, and up-to-date email lists with valid consent records. You must promptly remove recipients who unsubscribe or whose addresses result in hard bounces.

22.4. Monitoring and Enforcement

BuffSend reserves the right to monitor your email sending practices, list quality, and campaign content to ensure compliance with these Terms and applicable laws. We may review accounts with high complaint or bounce rates. Violations may result in suspension or termination of your account, potentially without prior notice, and we may cooperate with ISPs, anti-spam organizations, and law enforcement authorities.

23. Data Processing Addendum (DPA)

If you are processing personal data subject to the General Data Protection Regulation (GDPR) or similar data protection laws (like the UK GDPR or CCPA/CPRA), BuffSend's Data Processing Addendum (“DPA”) applies and is incorporated by reference into these Terms. The DPA outlines our respective roles and obligations regarding the processing of personal data. You can request a copy of our standard DPA by contacting legal@buffsend.com.

24. Children's Privacy

The Service is not intended for use by individuals under the age of 18 (or the age of legal majority in their jurisdiction). BuffSend does not knowingly collect personal information from children under 13 (or the applicable age limit). If you become aware that a child has provided us with personal information without appropriate consent, please contact us immediately at legal@buffsend.com, and we will take steps to remove such information.

25. DMCA and Copyright Policy

BuffSend respects the intellectual property rights of others and expects users to do the same. In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable laws, we have adopted a policy of terminating, in appropriate circumstances, users who are deemed to be repeat infringers.

If you believe that your copyrighted work has been copied or used on the Service in a way that constitutes copyright infringement, please provide our designated Copyright Agent with the following information in writing:

A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright interest;
A description of the copyrighted work that you claim has been infringed;
A description of where the material that you claim is infringing is located on the Service, sufficient for BuffSend to locate the material;
Your address, telephone number, and email address;
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Our designated Copyright Agent for notice of claims of copyright infringement can be reached at: legal@buffsend.com

26. Contact Information

If you have any questions about these Terms, please contact us at:

BuffSend Legal Department
BUFFSEND
legal@buffsend.com