Terms of Service

Last updated: February 4, 2025

Please read these Terms and Conditions carefully before using our Service.

1. Interpretation and Definitions

Interpretation

Words with capitalized initials have meanings defined under the following conditions. These definitions apply regardless of whether they appear in singular or plural form.

Definitions

For the purposes of these Terms and Conditions:

Country refers to New York, United States.

Company (referred to as either "the Company," "We," "Us," or "Our" in this Agreement) refers to SENDSTARTER LLC.

Device means any device that can access the Service, such as a computer, smartphone, or tablet.

Service refers to the Website and any other services provided by the Company.

Terms and Conditions (also referred to as "Terms") mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.

Third-Party Social Media Service means any services or content (including data, information, products, or services) provided by a third party that may be displayed, included, or made available through the Service.

Website refers to SENDSTARTER, accessible from sendstarter.com.

You means the individual accessing or using the Service, or the company or other legal entity on behalf of which such an individual is accessing or using the Service, as applicable.

2. Acknowledgment

These Terms and Conditions govern the use of this Service and form the agreement between You and the Company. They set forth the rights and obligations of all users regarding the use of the Service.

By accessing or using the Service, You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms, You may not access the Service.

You represent that You are at least 18 years old. The Company does not permit those under 18 to use the Service.

Your access to and use of the Service is also subject to our Privacy Policy, which outlines how we collect, use, and protect Your personal data. Please review it carefully before using the Service.

3. Links to Other Websites

Our Service may contain links to third-party websites or services that are not owned or controlled by the Company.

The Company has no control over and assumes no responsibility for the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that the Company is not liable, directly or indirectly, for any damage or loss caused by or in connection with the use of or reliance on any such content, goods, or services available through any third-party sites.

We encourage You to read the terms and conditions and privacy policies of any third-party sites You visit.

4. Termination

We reserve the right to terminate or suspend Your access to the Service immediately, without prior notice or liability, for any reason, including but not limited to a breach of these Terms.

Upon termination, Your right to use the Service ceases immediately.

5. Limitation of Liability

To the maximum extent permitted by applicable law, the Company and its suppliers shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or business opportunities, even if the Company has been advised of the possibility of such damages.

If You have paid for any services, the Company’s total liability shall not exceed the greater of (i) the amount paid by You through the Service or (ii) $100 USD.

Some jurisdictions do not allow the exclusion of certain warranties or limitations of liability for incidental or consequential damages, so some of these limitations may not apply to You.

6. "AS IS" and "AS AVAILABLE" Disclaimer

The Service is provided to You "AS IS" and "AS AVAILABLE," without warranties of any kind, whether express or implied. The Company disclaims all warranties, including but not limited to merchantability, fitness for a particular purpose, and non-infringement.

We do not warrant that:

The Service will be uninterrupted or error-free,

The content will be accurate or up-to-date, or

The Service or its servers are free of harmful components such as viruses.

Some jurisdictions do not allow the exclusion of implied warranties, so some of the above exclusions may not apply to You.

7. Governing Law

These Terms shall be governed and construed in accordance with the laws of New York, United States, without regard to its conflict of law provisions.

Your use of the Service may also be subject to other local, state, national, or international laws.

8. Dispute Resolution

If You have any concerns or disputes regarding the Service, You agree to first attempt to resolve the issue informally by contacting Us.

9. Compliance with U.S. Law

You represent and warrant that:

You are not located in a country subject to a U.S. government embargo or designated as a "terrorist-supporting" country.

You are not on any U.S. government list of prohibited or restricted parties.

10. Severability and Waiver

Severability

If any provision of these Terms is found to be unenforceable, it will be modified to the extent necessary to make it enforceable. The remaining provisions will continue in full force and effect.

Waiver

Failure to enforce any provision of these Terms does not constitute a waiver of that provision or any other provision.

11. Changes to These Terms

We reserve the right to modify or replace these Terms at any time at our sole discretion. If a revision is material, We will provide at least 30 days' notice before the new terms take effect.

By continuing to access or use the Service after those revisions become effective, You agree to be bound by the updated Terms. If You do not agree, please stop using the Service.

12. Contact Us

If You have any questions about these Terms and Conditions, You can contact us by email at [email protected]