Terms of Service

These Terms of Service ("Terms") govern your access to and use of cmdsend's email API services, operated by BigRadar Inc. By accessing or using our services, you agree to be bound by these Terms.

1. Acceptance of Terms

By creating an account or using cmdsend's services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree, you may not access or use our services.

2. Eligibility

You must be at least 18 years old and able to form a binding contract to use our services. By using cmdsend, you represent and warrant that you meet these requirements.

3. Account Registration

• You must provide accurate, current, and complete information during registration
• You are responsible for maintaining the confidentiality of your account credentials
• You are responsible for all activities that occur under your account
• You must notify us immediately of any unauthorized access or security breach
• We reserve the right to suspend or terminate accounts that violate these Terms

4. Service Description

cmdsend provides email API services that allow you to send transactional emails. Our services include email delivery, tracking, analytics, domain verification, and related features as described in our documentation.

5. Acceptable Use

You agree to comply with our Acceptable Use Policy. Prohibited activities include but are not limited to:

• Sending spam or unsolicited bulk emails
• Violating any applicable laws or regulations
• Infringing on intellectual property rights
• Distributing malware or harmful code
• Attempting to gain unauthorized access to our systems
• Interfering with or disrupting our services
• Using our services for fraudulent purposes

6. Pricing and Payment

6.1 Fees

You agree to pay all fees associated with your selected plan. Fees are subject to change with 30 days' notice. Current pricing is available on our website.

6.2 Billing

• Subscription fees are billed in advance on a monthly basis
• All fees are non-refundable except as required by law
• Failed payments may result in service suspension

6.3 Taxes

Fees do not include applicable taxes, which you are responsible for paying. We will add applicable taxes to your invoice where required.

7. Service Level

We strive to maintain high availability for our services. While we target 99.9% uptime, we do not guarantee uninterrupted service and are not liable for interruptions outside our reasonable control.

8. Data and Content

8.1 Your Data

You retain all rights to the content you send through our services. You grant us a limited license to process, transmit, and store your content solely to provide our services.

8.2 Data Protection

We process personal data in accordance with our Privacy Policy and applicable data protection laws. For customers subject to GDPR, our Data Processing Agreement (DPA) applies.

9. Intellectual Property

cmdsend and its services, including all software, documentation, and trademarks, are owned by BigRadar Inc and protected by intellectual property laws. You may not copy, modify, or distribute our services without our permission.

10. API Usage

• You must comply with rate limits and monthly quotas specified in your plan
• You must implement proper error handling and retry logic
• You must not attempt to circumvent usage limits or restrictions
• We may throttle or block API requests that violate our policies

11. Warranties and Disclaimers

OUR SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE UNINTERRUPTED OR ERROR-FREE SERVICE.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, BIGRADAR INC SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES. OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM.

13. Indemnification

You agree to indemnify and hold BigRadar Inc harmless from any claims, damages, or expenses arising from your use of our services, violation of these Terms, or infringement of any third-party rights.

14. Term and Termination

14.1 Term

These Terms remain in effect until terminated by either party.

14.2 Termination by You

You may terminate your account at any time through your account settings or by contacting us at team@cmdsend.com.

14.3 Termination by Us

We may suspend or terminate your account immediately if you violate these Terms, fail to pay fees, or engage in fraudulent activity.

14.4 Effect of Termination

Upon termination, your right to use our services ceases immediately. You remain responsible for all fees incurred prior to termination.

15. Modifications to Terms

We may modify these Terms at any time. Material changes will be communicated via email or through our services. Your continued use after changes constitutes acceptance of the modified Terms.

16. Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of Delaware, United States. Any disputes shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association (AAA), except for claims that may be brought in small claims court.

17. General Provisions

• Entire Agreement: These Terms constitute the entire agreement between you and BigRadar Inc
• Severability: If any provision is invalid, the remaining provisions remain in effect
• Waiver: Our failure to enforce any right does not constitute a waiver
• Assignment: You may not assign these Terms without our consent
• Force Majeure: We are not liable for delays caused by circumstances beyond our control

18. Contact Information

For questions about these Terms, please contact: