Terms and Conditions

Sendsitive provides a marketing-intelligence platform that collects, archives, indexes, and displays marketing emails that brands and senders distribute publicly to their subscribers, together with related analytics and tools, so that our users can browse, search, and analyze them.

The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

The Services are not tailored to comply with industry-specific regulations (such as the Health Insurance Portability and Accountability Act (HIPAA) or the Federal Information Security Management Act (FISMA)), so if your interactions would be subjected to such laws, you may not use the Services. You may not use the Services in a way that would violate the Gramm-Leach-Bliley Act (GLBA).

Our intellectual property

We are the owner or the licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Services that are created by or for us (collectively, the “Content”), as well as the trademarks, service marks, and logos contained therein (the “Marks”).

Our Content and Marks are protected by copyright and trademark laws and various other intellectual property and unfair competition laws and treaties in the United States and around the world. The Content and Marks are provided in or through the Services “AS IS” for your internal business purpose only.

Archived marketing emails and other third-party materials displayed through the Services are addressed separately in the section “Archived marketing emails and copyright holders” below and are not part of our Content or Marks.

Your use of our Services

Subject to your compliance with these Legal Terms, including the “Prohibited Activities” section below, we grant you a non-exclusive, non-transferable, revocable license to access the Services and to download or print a copy of any portion of the Content to which you have properly gained access, solely for your internal business purpose.

Except as set out in this section or elsewhere in our Legal Terms, no part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

If you wish to make any use of the Services, Content, or Marks other than as set out in this section, please address your request to support@sendsitive.com. We reserve all rights not expressly granted to you in and to the Services, Content, and Marks.

Your submissions

By directly sending us any question, comment, suggestion, idea, feedback, or other information about the Services (“Submissions”), you agree to assign to us all intellectual property rights in such Submission. You agree that we shall own this Submission and be entitled to its unrestricted use and dissemination for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You warrant that any such Submission is original to you or that you have the necessary rights to submit it, and that your Submissions do not constitute confidential information. You are solely responsible for your Submissions and you agree to reimburse us for any losses we may suffer because of your breach of this section, any third party’s intellectual property rights, or applicable law.

Our Services feature marketing emails, screenshots, brand names, logos, creative, and other materials that originate from third parties (the “Archived Materials”). These Archived Materials may include images, text, and artwork protected by copyright or trademark owned by their respective creators or rights holders (the “Copyright Holders”).

Sendsitive does not claim any ownership over the Archived Materials. They are collected from public-facing mailing lists and are displayed strictly to support and provide our Services. We collect these emails by subscribing to senders’ public-facing mailing lists using our own subscription and tracking email addresses, and we do not access any recipient’s mailbox, internal corporate systems, or any other unauthorized or non-public data source.

If you wish to cite, use, or paraphrase Archived Materials, please ensure it is done within fair use and that proper credit is given to the Copyright Holders. If you are a Copyright Holder, brand, sender, or rights holder and would like any Archived Materials removed from our Services, please contact us at copyright@sendsitive.com or compliance@sendsitive.com, identifying the specific content (such as the sender name and a link to the archived email) and the basis for your request. We will review and respond to valid removal requests without undue delay.

We respect the intellectual property rights of others. If you are a copyright owner, or authorized to act on behalf of one, and you believe that material available through the Services infringes your copyright, you may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C. 512(c)(3) for further detail):

• an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright's interest;
• a description of the copyrighted work that you claim has been infringed, including the URL of the location where the copyrighted work exists or a copy of the copyrighted work;
• identification of the URL or other specific location on the Services where the material that you claim is infringing is located;
• 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; and
• 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.

You can contact our Copyright Agent via email at copyright@sendsitive.comwith the subject line “Copyright Infringement”. You may be held accountable for damages (including costs and attorneys’ fees) for misrepresentation or bad-faith claims regarding infringement.

By using the Services, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update it as necessary; (3) you have the legal capacity and you agree to comply with these Legal Terms; (4) you are not a minor in the jurisdiction in which you reside, and you are at least 18 years old; (5) you will not access the Services through automated or non-human means, whether through a bot, script, or otherwise, except as expressly permitted; (6) you will not use the Services for any illegal or unauthorized purpose; and (7) your use of the Services will not violate any applicable law or regulation. If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services.

You may be required to register to use the Services. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

Shared account: Sendsitive and Retentive are both operated by Sendsitive LLC and use a common login and single sign-on system that we operate through our own authentication layer at tivelink.com, so a single account may be used to access both services. Your use of each service is governed by its respective terms, and suspending, terminating, or deleting your account may affect your access to both services.

We accept payment via major credit and debit cards and other payment methods supported by our third-party payment processor, Stripe, Inc. (“Stripe”). By providing payment information, you authorize us and Stripe to charge your chosen payment method for all fees due. We do not store your full payment card details ourselves; payment information is collected and processed by Stripe in accordance with its terms and privacy policy.

You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Services, and to promptly update account and payment information so that we can complete your transactions and contact you as needed. Applicable taxes will be added to the price of purchases as required. All payments shall be in US dollars unless otherwise stated. We may change prices at any time, and we will notify you before any change to recurring fees takes effect.

If your order is subject to recurring charges, you consent to our (or Stripe’s) charging your payment method on a recurring basis without requiring your prior approval for each recurring charge, until you cancel. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment, and to refuse or cancel any order in our sole discretion.

We may offer a free trial to new users who register for the Services. Unless you cancel before the end of the free trial, your chosen subscription will begin automatically and your payment method will be charged according to the plan you selected. The length and terms of any free trial will be described at the time of sign-up.

You can cancel your subscription at any time by logging into your account. Your cancellation will take effect at the end of the current paid term. Except where required by applicable law, fees already paid are non-refundable. If you are unsatisfied with our Services, please email us at support@sendsitive.com.

Your subscription offering and any applicable usage limits will be specified on our pricing page or order form. We will use commercially reasonable efforts to provide sufficient bandwidth, storage, and functionality typical of accounts at your plan level. We may notify you if your usage is unreasonable, and may throttle, suspend, or terminate accounts that create an unreasonable burden on our infrastructure or business operations, or that attempt to circumvent plan limits.

You may not access or use the Services for any purpose other than that for which we make the Services available. As a user of the Services, you agree not to:

• Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
• Use the Services or any Content to build, train, or improve a competing product or service, or for any revenue-generating endeavor not expressly authorized by us.
• Circumvent, disable, or otherwise interfere with security-related features of the Services, including features that prevent or restrict the use or copying of Content or that enforce limitations on use.
• Use any data mining, robots, scrapers, or similar data gathering and extraction tools, or engage in any automated use of the system, except as expressly permitted by us.
• Trick, defraud, or mislead us or other users, or attempt to learn sensitive account information such as user passwords.
• Make improper use of our support services or submit false reports of abuse or misconduct.
• Use the Services in a manner inconsistent with any applicable laws or regulations, or to harass, abuse, or harm another person.
• Upload or transmit viruses, Trojan horses, or other material that interferes with the use of the Services or that acts as a passive or active information collection or transmission mechanism.
• Interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services.
• Copy or adapt the Services' software, or decipher, decompile, disassemble, or reverse engineer any of the software comprising the Services, except as permitted by applicable law.
• Collect usernames or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or create user accounts by automated means or under false pretenses.
• Attempt to impersonate another user or person, or use the username of another user.

The Services may provide you with the opportunity to create, submit, post, or transmit content and materials to us or on the Services, including text, comments, suggestions, or other material (collectively, “Contributions”). When you make available any Contributions, you represent and warrant that: your Contributions do not infringe the proprietary rights of any third party; you have the necessary rights and permissions to use and authorize use of your Contributions; your Contributions are not false, inaccurate, or misleading; they are not unsolicited advertising or spam; they are not obscene, harassing, defamatory, or otherwise objectionable; and they do not violate any applicable law or regulation. Any use of the Services in violation of the foregoing may result in termination or suspension of your rights to use the Services.

You and Sendsitive agree that we may access, store, process, and use any information and personal data that you provide following the terms of our Privacy Statement and your choices (including settings). By submitting suggestions or other feedback regarding the Services, you agree that we can use and share such feedback for any purpose without compensation to you.

We do not assert any ownership over your Contributions; you retain full ownership of all of your Contributions and any intellectual property rights associated with them. You are solely responsible for your Contributions to the Services.

The Services may contain links to other websites (“Third-Party Websites”) as well as articles, photographs, text, graphics, and other content originating from third parties (“Third-Party Content”). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites or Third-Party Content accessed through the Services, including their content, accuracy, privacy practices, or other policies. If you access any Third-Party Websites or use any Third-Party Content, you do so at your own risk, and you should review the applicable terms and policies of those third parties. Any purchases you make through Third-Party Websites are between you and the applicable third party, and we take no responsibility for such purchases.

We reserve the right, but not the obligation, to: (1) monitor the Services for violations of these Legal Terms; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Legal Terms; (3) in our sole discretion, refuse, restrict access to, limit the availability of, or disable any of your Contributions or any portion thereof; (4) remove from the Services or otherwise disable files and content that are excessive in size or burdensome to our systems; and (5) otherwise manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services.

We care about data privacy and security. Please review our Privacy Statement. By using the Services, you agree to be bound by our Privacy Statement, which is incorporated into these Legal Terms.

The Services are operated from the United States and hosted with US-based service providers, and they are operated by an individual located in Venezuela. If you access the Services from any other region with laws governing personal data that differ from those of the United States, then through your continued use of the Services, you are transferring your data to the United States and other countries and you expressly consent to have your data transferred to and processed in those locations.

These Legal Terms shall remain in full force and effect while you use the Services.

WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES) TO ANY PERSON FOR ANY REASON, INCLUDING FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE LEGAL TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES OR DELETE YOUR ACCOUNT AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action.

We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services. We cannot guarantee the Services will be available at all times, and we may experience hardware, software, or other problems or need to perform maintenance, resulting in interruptions, delays, or errors. You agree that we have no liability for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance.

These Legal Terms and your use of the Services are governed by and construed in accordance with the laws of the State of Wyoming applicable to agreements made and to be entirely performed within the State of Wyoming, without regard to its conflict of law principles.

The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

The following Disputes are not subject to binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. Such Disputes shall be decided by a court of competent jurisdiction in the State of Wyoming, and the Parties consent to the personal jurisdiction of that court.

There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice.

THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES’ CONTENT OR THE CONTENT OF ANY WEBSITES OR APPLICATIONS LINKED TO THE SERVICES, AND WE ASSUME NO LIABILITY FOR ANY ERRORS OR INACCURACIES OF CONTENT, ANY UNAUTHORIZED ACCESS TO OUR SERVERS, ANY INTERRUPTION OF TRANSMISSION, OR ANY BUGS OR VIRUSES TRANSMITTED THROUGH THE SERVICES BY ANY THIRD PARTY.

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING.

CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES; IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY, AND YOU MAY HAVE ADDITIONAL RIGHTS.

You agree to defend, indemnify, and hold us harmless, including our affiliates and all of our respective officers, agents, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your use of the Services; (2) breach of these Legal Terms; (3) any breach of your representations and warranties set forth in these Legal Terms; (4) your violation of the rights of a third party, including intellectual property rights; or (5) any overt harmful act toward any other user of the Services. We reserve 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 such claims.

We will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services, as well as data relating to your use of the Services. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services. You agree that we shall have no liability to you for any loss or corruption of any such data, and you waive any right of action against us arising from any such loss or corruption.

Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Services, satisfy any legal requirement that such communication be in writing. You agree to the use of electronic signatures, contracts, orders, and other records, and to electronic delivery of notices, policies, and records of transactions initiated or completed by us or via the Services.

If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210 or (916) 445-1254.

These Legal Terms and any policies or operating rules posted by us on the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or provision. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Legal Terms is determined to be unlawful, void, or unenforceable, that provision or part is deemed severable and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment, or agency relationship created between you and us as a result of these Legal Terms or use of the Services. Any claim or cause of action arising out of or related to use of the Services or these Legal Terms must be filed within one (1) year after such claim or cause of action arose.

In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us:

• General and account support: support@sendsitive.com
• Privacy and compliance: compliance@sendsitive.com
• Copyright and DMCA notices: copyright@sendsitive.com