Sendsheets Terms of Use

Terms of Use

Last updated on October 26, 2024

Section I. General Provisions

§ 1

As defined by these Terms and Conditions:

"Order Form" means the medium by which the parties agree to Customer's purchase of this Cloud Service, including the website interface where plans are selected.

"Agreement" means an Order Form and documents incorporated into an Order Form, including these Terms & Conditions.

"Authorized User" means any individual that Customer authorizes to use the Cloud Service that is an employee, agent, contractor, or representative of Customer or Customer's Affiliates.

"Cloud Service" means any distinct, subscription-based, hosted, supported, and operated on-demand solution provided by Sendsheets under an Order Form.

"Cloud Materials" means any materials, except for personal data, provided or developed by Sendsheets in the course of performance under the Agreement, including analyses and materials provided or developed in the delivery of any support or Professional Services to Customer. Cloud Materials do not include Customer Data or Customer Confidential Information.

"Sendsheets" is the Cloud Service delivered by Sendsheets thereof set forth in the Order Form.

"Confidential Information" means all information that the disclosing party protects against unrestricted disclosure to others that (a) the disclosing party or its representatives designate as confidential, internal, or proprietary at the time of disclosure, or (b) should reasonably be understood to be confidential at the time of disclosure given the nature of the information and the circumstances surrounding its disclosure.

"Customer" means the customer set forth in the Order Form.

"Customer Data" means any content, materials, data, and information that Authorized Users enter or collect into the production system of a Cloud Service or that Customer derives from its use of and stores in the Cloud Service (e.g., email templates, recipient lists, campaign data). Customer Data and its derivatives will not include Sendsheets' Confidential Information.

"Documentation" means Sendsheets' then-current technical and functional documentation, including any roles and responsibilities descriptions relating to the Cloud Services, that Sendsheets makes available to Customer under the Agreement.

"Google Services" means the Google products and services that Sendsheets integrates with, including but not limited to Google Sheets™ and Gmail™.

"GDPR" means Regulation EU 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data.

Section II. Usage Rights and Restrictions

§ 2

  1. Grant of Rights. Sendsheets grants to Customer a non-exclusive and non-transferable right to use the Cloud Service, Cloud Materials, and Documentation solely for Customer's and its Affiliates' internal business purposes.

  2. Authorized Users. Customer may permit Authorized Users to use the Cloud Service. Usage credentials may not be shared between users but may be transferred from one individual to another if the original user no longer requires access.

  3. Acceptable Use Policy. Customer will not:

    • Copy, translate, disassemble, decompile, make derivative works, or reverse engineer the Cloud Service
    • Use the Cloud Service to send spam, malicious content, or violate any applicable laws
    • Exceed Gmail™'s sending limits or attempt to circumvent them
    • Access the Cloud Service through unauthorized means
    • Remove Sendsheets' copyright and authorship notices
    • Use the service to collect or process sensitive personal data without appropriate legal basis
    • Share access credentials between multiple users

  4. Service Limits

    • The Cloud Service operates within Google's established sending limits for Gmail™
    • Sendsheets may implement additional reasonable usage limits to ensure service stability
    • Beta features may have additional restrictions or limitations

Section III. Sendsheets Responsibilities

§ 3

  1. Provisioning. Sendsheets provides access to the Cloud Service as described in the Agreement and documentation.

  2. Support. Sendsheets provides support for the Cloud Service as referenced in the documentation or website.

  3. Security

    • Sendsheets will implement reasonable technical and organizational measures to protect Customer Data
    • Personal data protection is governed by our Data Processing Agreement (DPA)
    • Sendsheets maintains secure integration with Google Services

  4. Service Levels

    • Sendsheets targets 99.9% uptime for core services
    • Service maintenance windows will be communicated in advance
    • Beta features may not be subject to service level commitments

Section IV. Customer Data and Privacy

§ 4

  1. Customer Data

    • Customer retains all rights to Customer Data
    • Customer is responsible for the accuracy and legality of Customer Data
    • Customer must obtain necessary consents for email recipients

  2. Google Services Integration

    • Customer must authorize Sendsheets' access to relevant Google Services
    • Customer maintains control over Google Services permissions
    • Sendsheets accesses only the minimum necessary data from Google Services

  3. Data Retention

    • Customer Data is retained according to the plan specifications
    • Upon termination, Customer Data will be deleted within 90 days
    • Customers may request earlier deletion of their data

Section V. Service Contract

§ 5

  1. Service Plans

    • Free Beta Period: All features available at no cost during beta
    • Basic Plan: $0/month with core features
    • Pro Plan: $12/month with advanced features
    • Custom Enterprise plans available upon request

  2. Beta Period

    • Features and pricing may change after beta
    • Beta period has no guaranteed duration
    • Transition to paid plans will be announced in advance

  3. Payment Terms

    • Payments processed through secure payment providers
    • Subscriptions billed monthly or annually
    • No refunds for partial month usage

Section VI. Term and Termination

§ 6

  1. Term. Agreement remains in effect until terminated.

  2. Termination

    • Customer may terminate at any time
    • Sendsheets may terminate for material breach with 30 days notice
    • Immediate termination for illegal use or security threats

  3. Effect of Termination

    • Access to service ends immediately
    • Customer Data available for export for 90 days
    • Pre-paid fees refunded on pro-rata basis

Section VII. Warranties and Liability

§ 7

  1. Limited Warranty

    • Service provided "as is" during beta
    • No warranty for uninterrupted or error-free operation
    • Sendsheets will use reasonable efforts to maintain service quality

  2. Limitation of Liability

    • Liability limited to direct damages
    • Maximum liability limited to fees paid in prior 12 months
    • No liability for third-party services or force majeure events

Section VIII. Governing Law

§ 8

This agreement shall be governed by and interpreted according to the laws of Sweden, with Stockholm District Court as the court of first instance.