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Terms of Service For Brand, Company, Agency, Enterprise and Volume Plans
Last updated 2026.07.21
1. These terms of service (Terms) govern your access to and use of SendForensics Pte Ltd's (registration no.: 201321279D) websites and services (Services). In these Terms, “Customer”, “you” and “your” mean the person or entity accessing or using the Services, and “SendForensics”, “we”, “us” and “our” mean SendForensics Pte Ltd.
2. By using the Services you agree to be bound by these Terms. If you are using the Services on behalf of a company, organisation or other entity, you agree to these Terms for yourself and on behalf of that company, organisation or other entity. You agree and confirm that you have the authority to bind that company, organisation or other entity to these Terms. A reference to you, your or similar pronoun includes the company, organisation or other entity referred to in this clause.
3. You shall use the Services in compliance with these Terms. You shall use the Services only if you have the legal capacity to do so. In using the Services, you shall comply with all applicable laws. The Services may change, including when we refine and add more features. We may stop, suspend or modify the Services at any time without prior notice to you. We may also remove any content from our Services.
Services
4. The use of the Services is at your own risk. We do not warrant any results from the Services. The Services do not constitute consulting, professional advice or any other form of advice whatsoever.
Ownership and Privacy
5. When using our Services you may provide us with information, files, data, folders and other content (together, your content). You retain full ownership of your content. These Terms do not grant us any rights or licence to your content or the intellectual property arising from your information, except as provided below.
6. You grant us a limited, royalty-free, irrevocable, non-exclusive and worldwide licence to store, process, back up and otherwise deal with your content solely for the purpose of providing to you the Services. We may grant a similar sub-licence to the subcontractors, suppliers and service providers that we use to provide the Services.
7. Except as contemplated above and in these Terms and our Privacy Policy, we do not disclose your information. We will use commercially reasonable measures to protect the confidentiality of your content and any non-public account information, including email addresses, that you provide to us in connection with the Services. We may disclose such information only: (a) as necessary to provide, secure, support or maintain the Services, including to our subcontractors, suppliers and service providers who are subject to appropriate confidentiality obligations; (b) as described in our Privacy Policy; (c) in aggregated or de-identified form that does not identify you or any individual; or (d) where required by law, regulation or valid legal process. This clause does not apply to information that is or becomes publicly available through no breach of these Terms, was lawfully known without restriction before disclosure, is lawfully received from a third party without restriction, or is independently developed without use of your information.
8. In using the Services, you are solely responsible for your conduct, the content of and dealing with your content, and your communications with others. You warrant that you have all the right and power required to deal with your content.
9. We do not monitor your content or any other information made available through the Services. We are not responsible for the accuracy, completeness, appropriateness or legality of your content or any other content, results and information you may access with or receive from the Services.
10. In using the Services, you may require or deal with other third party licences, including software licences. You may acquire and own these third party licences, or use these licences under a sub-licence that we grant to you in connection with the Services. You agree to comply with the terms of all these third party licences.
Sharing
11. The Services may allow you to share your content with others. There are many things that others may do with your information; for example, they may copy, modify or re-share your content with others. We are not responsible or liable for any of these activities.
Your Responsibilities
12. Files and other content in the Services may be subject to the intellectual property rights of others. You agree not to copy, upload, download, share or otherwise deal with content or information unless you have the necessary right or licence. You alone are responsible and liable for content and information that you copy, share, upload, download or otherwise deal with.
13. You shall not by any act or omission cause spyware, virus or other malicious software to infect the Services.
14. You alone are responsible and liable for maintaining and protecting your content. We are not responsible or liable for any expenses, losses or damages which you may suffer or incur arising out of or in connection with the loss or corruption of your content, including costs or expenses for backing up or restoring your content.
15. You shall from time to time update your contact information or other information related to your account.
Account Security
16. You shall keep secret the password that you use to access the Services and not disclose your password. You are responsible and liable for all activities related to your account, whether or not you authorized that activity. You should immediately notify us of any unauthorized use of your account. You agree and acknowledge that a secure encrypted connection to communicate with the Services can help protect your content.
Software and Updates
17. Some Services may require you to download a client software package (Software). We grant you a limited, non-exclusive, non-transferable, revocable licence to use the Software, solely to access the Services. Your licence to use the Software is automatically revoked if you breach any of these Terms. We reserve all rights not expressly granted in these Terms. You shall not directly or indirectly reverse engineer or decompile the Software, attempt to do so, or assist others to do so. Our Services may update the Software on your device automatically when a new version is available.
Our Property and Feedback
18. These Terms do not grant you any right, title or interest in the Services, Software or any of their content. We may use any feedback, comments or suggestions you provide without any obligation or liability to you. Copyright, trademark and other applicable laws protect the Software and other technology we use to provide the Services. These Terms do not grant you any rights to use any of our trademarks, logos, domain names, or other brand features.
Service Fees and Taxes
19. In consideration of the Services, but excluding any Free Trial, you agree to pay the applicable Service fees. Service fees may change from time to time. Any change to Service fees will apply prospectively and will not affect Service fees already paid for the then-current paid subscription term, unless otherwise expressly stated at the time of purchase or renewal.
20. Service fees stated are exclusive of all taxes, including GST, VAT, sales tax, service tax or withholding taxes. You are liable to pay these taxes. If you are required to withhold and deduct, from any payments to us, withholding or other taxes, you shall pay us an additional sum, so that the amount we receive is the full invoiced amount as if no deduction or withholding is made. If you pay by credit card, you agree to the applicable terms of the credit card payment processor. Presently, our credit card payment processor is Stripe, Inc. and any credit card transactions processed involve abiding by its terms and conditions.
21. If you pay by credit card or other payment process that automates fixed regular payments, the Services will auto-renew at the then-current applicable rates until you turn off auto-renewal.
22. If you fail to pay or when your paid subscription term expires, we will immediately stop providing you the Services, but you may continue to log in and view your historical data for a 6-month period. During this period, your account may remain available on a limited, read-only basis solely to allow you to reactivate the Services. You may resume full Services by paying the required Service Fees within this 6-month period. If you do not do so, we will deactivate your account and terminate all Services and all data and information in your account, subject to our Privacy Policy and applicable law.
Fair Use
23. If you use the Services in relation to more than 1,000 analyses per sending-domain per month, or if, acting reasonably, we consider your use of the Services to exceed fair and reasonable usage having regard to typical customer use and the fees paid by you, then, in order to ensure fair use or to prevent abuse, we may
(a) reasonably limit your use of the Services, including by imposing technical or volume limits or throttling, or
(b) negotiate with you a customised package and pricing for the Services.
Acceptable Use Policy and Compliance with Laws
24. You shall not directly or indirectly abuse the Services or use the Services otherwise than for their intended ordinary uses. In using the Services, you shall comply with all applicable laws. You shall not use the Services for any illegal or inappropriate purposes.
25. Without limiting the generality of the previous paragraph, you shall not carry out any of the following:
(a) probe, scan, or test the vulnerability of any system or network;
(b) breach or otherwise circumvent any security or authentication measures;
(c) access, tamper with, or use non-public areas of the Service, shared areas of the Service you have not been invited to, our (or our service providers') computer systems;
(d) interfere with or disrupt any user, host, or network, for example by sending a virus, overloading, flooding, spamming, or mail-bombing any part of the Services;
(e) plant malware or otherwise use the Services to distribute malware;
(f) access or search the Services by any means other than our publicly supported interfaces (for example, by scraping);
(g) to the extent prohibited under applicable laws, send unsolicited communications, promotions or advertisements, or spam;
(h) send altered, deceptive or false source-identifying information, including spoofing or phishing;
(i) publish anything that is fraudulent, misleading or infringes another's rights;
(j) promote or advertise products or services other than your own without appropriate authorisation;
(k) impersonate or misrepresent your affiliation with any person or entity;
(l) abuse referrals to get more credit for referrals than deserved;
(m) publish or share materials that are unlawfully pornographic or indecent, or that advocate bigotry, religious, racial or ethnic hatred; and
(n) violate the law in any way, violate the privacy of others or defame others.
26. You shall use the Services only in the furtherance and for the purposes of activities that are legal in the applicable jurisdiction. You shall in using the Services comply with all applicable laws. The laws referred to in this clause include and are not limited to laws relating to junk mail, spam and electronic communications and transactions.
ESP Plan Evaluation Provisions
26. You acknowledge that the SendForensics Enterprise SLA is not applicable during the Evaluation and you therefore acknowledge that Deliverability-Testing should not be made available to your users as a commercial feature of your platform during the Evaluation.
27. You understand there is no obligation to continue with the service upon expiration of the Evaluation.
28. You will not share the information contained within the system nor the API documentation with anyone outside of your company.
29. You acknowledge that there is a fair-use policy of no more than 50 sending-domains and no more than 200 email analyses per sending address during the Evaluation.
Copyright
30. Our designated agent for notice of alleged copyright infringement is as registered from time to time with the Intellectual Property Office of Singapore.
Other Content
31. The Services may contain links to third-party websites or resources. We do not endorse and are not responsible or liable for their availability, accuracy, content, products or services. You are solely responsible for your use of any of these websites or resources. We may provide you with software under an open source licence. The open source licence applies and controls if there is conflict or dispute between the open source licence and these Terms. The open source licence and these Terms shall otherwise apply cumulatively, to full force and effect.
Use of Customer's Name and Company Name
32. SendForensics reserves the right to use your company name as a customer reference for marketing or promotional purposes. To opt out of this use, you must emailprivacy@sendforensics.comstating that you do not wish your company name to be used as a reference.
Termination
33. We may suspend or terminate the Services at any time, with or without cause and with or without notice. If we do so without cause, we will refund to you any advance Service Fees that you have paid and which relate to Services that have not been consumed.
34. Available AS-IS
These provisions apply to the greatest extent permitted under applicable laws. The Services and Software are provided as-is, at your own risk, without express or implied warranty or condition of any kind. We disclaim any warranties of merchantability, fitness for a particular purpose, accuracy or non-infringement. We are not responsible or liable for any harm to your computer system, loss or corruption of data or other harm that results from your access to or use of the Services or Software.
Without limiting the generality of the previous paragraph, the Services are provided using and based upon our own analysis and algorithms, and open-source data and publicly available information. We do not provide any warranties whatsoever in relation to these analyses, algorithms, open-source data and publicly available information
Exclusions and Limitations of Liability
35. These provisions apply to the greatest extent permitted under applicable laws. They are not limited to the circumstances that are within the parties' contemplation as at the start of the Services. We shall not under any circumstances, whether in contract, tort, equity, statute or any other cause, be liable for any indirect damages, special damages, incidental damages, punitive damages, exemplary damages, consequential damages, expectation losses, loss of use, loss of data, loss of business, loss of profits or any other similar damages, whether or not we have notice of the possibility of these damages and whether or not these damages are within the parties' contemplation. Our liability arising out of or in connection with these Terms, whether in contract, tort, equity, statute or any other cause, is limited to the Service fees that we have received from you for the six months prior to your claim, for the Services that are the subject of your claim. Nothing in these Terms excludes or limits any liability to the extent such liability cannot be excluded or limited under applicable law.
36. You indemnify and hold us harmless from and against all claims, damages, expenses or losses that we may incur or suffer arising out of or in connection with your breach of these Terms.
Modifications
37. We may revise these Terms from time to time. For material changes, we will use reasonable efforts to provide notice by email, through the Services, or by posting an updated version on our website. By continuing to access or use the Services after revisions become effective, you agree to be bound by the revised Terms.
Governing Law and Arbitration
38. These Terms are governed by Singapore law. Any dispute arising out of or in connection with these Terms, including any question regarding their existence, validity or termination, shall be referred to and finally resolved by arbitration in Singapore in accordance with the Arbitration Rules of the Singapore International Arbitration Centre ("SIAC Rules") for the time being in force, which rules are deemed to be incorporated by reference in this clause. The Tribunal shall consist of one arbitrator. The language of the arbitration shall be English.
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