Terms of Service

1. Agreement

These Terms govern your use of SpellSend ("Service"), operated by MazzLabs Technology Services LLC ("we", "us"). By accessing or using the Service, you agree to these Terms. If you do not agree, do not use the Service.

2. Service Description

SpellSend is a transactional email platform. You send email through our API or admin panel; we deliver it via configured infrastructure (Amazon SES or Azure Communication Services).

3. Account Responsibilities

• You must provide accurate information and keep credentials secure.
• You are responsible for all activity under your account and API keys.
• You must notify us promptly of any unauthorized access.
• You must be at least 18 years old to create an account.

4. Acceptable Use

You must not use the Service to send:

• Unsolicited commercial email (spam) or bulk marketing without recipient consent
• Illegal content or content that violates third-party rights
• Malware, phishing, or fraudulent content
• Content promoting violence, hatred, or discrimination
• Content that violates CAN-SPAM, LGPD, GDPR, or applicable email laws

You must include an unsubscribe link in commercial email and honor unsubscribe requests promptly.

5. Plan Limits & Billing

• Free plan: 1,000 emails/month, sent through our infrastructure.
• Paid plans are billed monthly or annually in advance.
• Exceeding your plan's email quota will result in sends being rejected until the next billing cycle or plan upgrade.
• Refunds are not guaranteed; we may issue them at our discretion.

6. Suspension & Termination

We may suspend or terminate your account immediately without notice if:

• You violate these Terms or our Acceptable Use policy
• Your sending activity triggers high bounce or complaint rates that damage platform reputation
• We receive credible reports of abuse originating from your account
• Required by law or court order

Upon termination, your data may be retained for up to 90 days then permanently deleted.

7. Service Availability

The Service is provided "as is" without uptime guarantees. We may perform maintenance or experience outages. We will make reasonable efforts to notify you in advance of scheduled maintenance.

8. Data & Privacy

Our handling of your data is described in our Privacy Policy. By using the Service you consent to processing of data as described there.

9. Intellectual Property

The Service, its code, design, and documentation are owned by MazzLabs and protected by copyright. You retain ownership of content you send through the Service.

10. Limitation of Liability

To the maximum extent permitted by law, our liability for any claim arising from the Service is limited to the amount you paid us in the 12 months prior to the claim. We are not liable for indirect, incidental, or consequential damages including lost revenue, lost data, or business interruption.

11. Indemnification

You agree to indemnify and hold us harmless from any claims arising from your use of the Service, your content, or your violation of these Terms.

12. Changes to These Terms

We may update these Terms. Material changes will be notified by email at least 30 days before taking effect. Continued use after changes constitutes acceptance.

13. Governing Law

These Terms are governed by the laws of the State of Florida, USA. Disputes will be resolved in the state or federal courts of Broward County, Florida.

14. Contact

Questions about these Terms: support@spellsend.xyz