Terms Of Service

Last Updated: October 26, 2026

1. Introduction and Acceptance of Terms

These Terms of Service ("Terms") govern your access to and use of the Send Onyx website located at https://sendonyx.com, the Send Onyx software platform, and any related products, services, features, subscriptions, upgrades, and digital products offered by us (collectively, the "Service").

The Service is operated by Playmarketer LLC ("Send Onyx," "we," "us," or "our").

By accessing our website, creating an account, purchasing a product, or using any part of the Service, you agree to be bound by these Terms, together with our Privacy Policy, Refund Policy, and any additional terms expressly applicable to the product or service you purchase.

If you do not agree to these Terms, you must not access or use the Service.

If you use Send Onyx on behalf of a company, organization, or another legal entity, you represent that you have the authority to bind that entity to these Terms. In that case, "you" and "your" refer to both you and the entity you represent, as applicable.

## 2. Description of the Service

Send Onyx provides software and related services designed to help users manage email marketing activities.

Depending on the plan or product purchased, the Service may include:

- Email campaign creation, scheduling, and management.
- Subscriber list management, importing, segmentation, and organization.
- Email automation and autoresponder functionality.
- Campaign reporting and performance statistics.
- Email open and link click tracking.
- Sending domain and tracking domain configuration.
- SMTP server configuration and integration with external email delivery providers.
- AI-assisted email content and campaign generation.
- Software upgrades, add-ons, training materials, and other digital products.
- Access to separately offered email sending services or related infrastructure.

Not every feature is included in every plan or purchase. Features, usage limits, availability, and access periods may vary according to the product, subscription, licence, or promotional offer purchased.

We may develop, improve, modify, or discontinue features from time to time, subject to applicable contractual obligations and law.

## 3. Eligibility and Account Registration

You must be at least 18 years old, or the age of legal majority in your jurisdiction if higher, to create an account and use the Service.

When creating an account, you agree to provide accurate, complete, and current information and to update that information when necessary.

You agree not to:

- Register using false or misleading information.
- Impersonate another person or entity.
- Create an account using information you are not authorized to use.
- Misrepresent your identity, business, or intended use of the Service.
- Use account registration to evade a previous suspension or termination.

We reserve the right to request reasonable information necessary to verify account ownership, investigate suspected abuse, or comply with applicable legal obligations.

## 4. Account Security and Responsibility

You are responsible for maintaining the confidentiality of your login credentials and for activities conducted through your account, except to the extent that applicable law provides otherwise or the activity results from circumstances for which you are not responsible.

You agree to:

- Use a strong, unique password.
- Keep your login credentials confidential.
- Restrict access to your account to authorized individuals.
- Secure any connected SMTP accounts, API credentials, sending domains, and other integrations.
- Notify us promptly if you suspect unauthorized access or a security breach.
- Cooperate reasonably with security investigations involving your account.

You must not share account access in a manner that violates your licence, plan restrictions, or applicable product terms.

You are responsible for actions performed by individuals you authorize to access your account, subject to applicable law.

We are not responsible for losses caused by your failure to maintain appropriate account security, except where such exclusion is prohibited by law.

## 5. Acceptable Use Policy

You agree to use Send Onyx lawfully, responsibly, and in accordance with these Terms.

You must not use the Service to:

- Send spam, unsolicited bulk email, or unlawful marketing communications.
- Send phishing messages, fraudulent offers, deceptive promotions, or impersonation emails.
- Distribute malware, viruses, malicious links, or other harmful content.
- Promote illegal activities or facilitate fraud.
- Send threatening, harassing, or unlawfully discriminatory communications.
- Distribute content that infringes another person's intellectual property, privacy, or other legal rights.
- Collect or process personal information unlawfully.
- Circumvent unsubscribe mechanisms, suppression lists, or recipient preferences.
- Send messages to recipients in violation of applicable email marketing or data protection laws.
- Use stolen, unlawfully acquired, or improperly sourced subscriber lists.
- Attempt to gain unauthorized access to our systems, infrastructure, or other users' accounts.
- Interfere with the security, stability, or performance of the Service.
- Reverse engineer, decompile, or attempt to extract source code from the Service except where such restrictions are prohibited by applicable law.
- Bypass technical limitations, usage restrictions, or security controls.
- Resell, sublicense, or redistribute access to the Service unless expressly authorized by us.
- Use the Service in a way that damages our reputation, compromises email deliverability, or places our infrastructure or other customers at unreasonable risk.

We may investigate suspected violations and take appropriate action, including restricting sending capabilities, suspending an account, or terminating access, subject to these Terms and applicable law.

## 6. Email Marketing and Legal Compliance

You are solely responsible for ensuring that your use of Send Onyx for email marketing complies with all laws and regulations applicable to your activities and recipients.

Depending on your jurisdiction and audience, these may include privacy and data protection laws, anti-spam legislation, electronic marketing rules, consumer protection requirements, and regulations governing commercial communications.

Your responsibilities include, where applicable:

- Obtaining valid consent or establishing another lawful basis for processing personal information.
- Providing appropriate privacy notices.
- Using accurate sender information and non-deceptive subject lines.
- Identifying commercial communications where required.
- Providing a functioning unsubscribe mechanism where required.
- Honoring unsubscribe requests and other recipient preferences within applicable legal time limits.
- Maintaining suppression lists and avoiding sending to recipients who have opted out.
- Maintaining records necessary to demonstrate compliance.
- Ensuring that your email content, offers, landing pages, and links are lawful.
- Providing appropriate notices and obtaining any permissions required for open tracking, click tracking, or similar technologies.

Purchasing Send Onyx does not automatically make your email marketing compliant with applicable laws.

We do not provide legal advice and do not guarantee that a particular campaign, subscriber list, or marketing strategy complies with the laws applicable to you.

## 7. Subscriber Lists and Customer Data

You retain responsibility for the subscriber lists, contact information, campaign content, and other data you upload, import, create, or process through your account ("Customer Data").

You represent and warrant that you have the rights, permissions, and lawful basis necessary to provide Customer Data to the Service and to use it for your intended purposes.

You must not upload or process information that you are not legally entitled to use.

You are responsible for the accuracy, legality, quality, and appropriate use of your Customer Data, including recipient consent records and suppression information.

To the extent necessary to provide, secure, maintain, and support the Service, you authorize us to process Customer Data in accordance with our Privacy Policy and any applicable data processing agreement.

We do not acquire ownership of your Customer Data merely because you upload or process it through Send Onyx.

We may process technical and operational information necessary to maintain the Service, prevent abuse, investigate deliverability problems, enforce our Terms, and comply with legal obligations.

You should maintain appropriate backups of important data. We do not guarantee that Customer Data will remain available indefinitely, particularly following account termination, deletion requests, or the expiration of a service, subject to applicable law and any specific contractual commitments.

8. Email Sending, Deliverability, and Third-Party SMTP Services

Send Onyx may provide functionality for connecting external SMTP servers, email delivery providers, sending domains, and related services.

The delivery of an email depends on many factors outside our control, including:

- The reputation of your sending domain and IP address.
- The quality and source of your subscriber list.
- The content and frequency of your campaigns.
- Recipient engagement and complaints.
- Authentication records, including SPF, DKIM, and DMARC.
- Recipient mail server policies and filtering systems.
- Third-party provider restrictions, outages, and operational decisions.
- Applicable sending limits and anti-abuse systems.

We do not guarantee that emails will reach inboxes, avoid spam folders, achieve a particular delivery rate, or produce any specific engagement or sales results.

Where you connect a third-party SMTP provider, that provider may impose its own usage limits, content restrictions, verification requirements, suspension policies, and fees.

You are responsible for complying with the applicable terms of any third-party provider you use.

We may restrict sending functionality if necessary to investigate suspected abuse, protect infrastructure, respond to provider requirements, or address a credible risk to the Service or other users.

Purchasing software access does not guarantee access to a particular external SMTP provider or third-party sending infrastructure unless the applicable offer expressly includes that service.

9. Sending Domains and Tracking Features

Certain features may allow you to configure sending domains, tracking domains, redirect links, and email engagement tracking.

You are responsible for ensuring that you own or are authorized to configure any domain used with the Service.

You must maintain appropriate DNS records and domain authentication settings as required by your chosen configuration.

Tracking functionality may be affected by browser settings, email client privacy protections, security scanners, image blocking, and other technical limitations.

Open and click statistics may therefore be incomplete or inaccurate and should not be treated as a guaranteed measure of actual recipient behavior.

You are responsible for complying with applicable legal requirements concerning tracking technologies, cookies, personal information, and recipient disclosures.

10. AI-Generated Content and Automated Features

The Service may include AI-powered tools that assist with generating email copy, subject lines, campaign content, or other marketing materials.

AI-generated content is provided as an assistance tool. It may contain errors, outdated information, inaccurate claims, unsuitable language, or content that requires further review.

You are responsible for reviewing and approving content before using it, scheduling it, publishing it, or sending it to recipients.

You must ensure that AI-generated content complies with applicable laws, advertising standards, intellectual property rights, and these Terms.

We do not guarantee that AI-generated content will be original, accurate, effective, legally compliant, or suitable for a particular purpose.

You are responsible for verifying any factual claims, testimonials, income claims, product representations, links, and promotional statements included in your campaigns.

Automated scheduling and campaign generation features should be configured carefully. You remain responsible for campaigns sent through your account and should review scheduling settings before enabling automated sending.

11. Purchases, Pricing, and Payments

Certain features and products require payment.

Prices, billing frequency, included features, usage limits, and payment terms will be presented on the relevant sales page or checkout page at the time of purchase.

By completing a purchase, you authorize the applicable payment processor to charge the payment method you provide for the disclosed amount and billing arrangement.

You agree to provide accurate billing information and to update it when necessary.

We may use third-party payment processors to process transactions. Your payment may also be subject to the payment processor's terms and policies.

Unless otherwise expressly stated, prices do not include taxes, duties, or other charges that may be imposed by applicable law.

We reserve the right to change prices for future purchases, renewals, or new billing periods, subject to applicable law and any contractual or notice requirements.

A price change will not retroactively alter a completed purchase unless you expressly agree or the change is otherwise permitted by law.

12. Subscriptions, Trials, and Recurring Payments

Some products may be offered through subscriptions, introductory offers, or promotional trials.

The applicable checkout page will describe the initial payment, trial duration, recurring price, billing frequency, and cancellation terms where relevant.

You are responsible for reviewing these terms before completing your purchase.

Unless otherwise stated, recurring subscriptions renew automatically until cancelled in accordance with the applicable cancellation instructions.

Cancelling a subscription generally prevents future renewal charges but does not automatically refund previous payments.

Where a trial converts to a paid subscription, the billing terms disclosed at checkout will apply, subject to applicable law.

We will comply with applicable requirements concerning recurring billing, trial disclosures, consent, cancellation, and renewal notices.

For refund eligibility, please refer to our Refund Policy.

13. Lifetime Licences and Lifetime Access

Certain offers may provide lifetime access or a lifetime software licence.

The meaning and scope of "lifetime" are determined by the specific offer, product description, and licence terms disclosed at the time of purchase.

Unless expressly stated otherwise, lifetime access applies to the covered product or licence and does not automatically include:

- Third-party SMTP services or email sending infrastructure.
- External provider fees or usage charges.
- Separately priced upgrades or add-ons.
- Products or services not included in the original offer.
- Features explicitly excluded from the applicable licence.

A lifetime licence does not necessarily mean that every third-party service or underlying infrastructure component will operate indefinitely.

We will not use this section to override an express contractual commitment made in the applicable offer or any mandatory rights under applicable law.

If a lifetime licence is revoked following a valid refund, account termination for a material breach, or another legally permissible reason, the applicable licence terms and these Terms will govern the consequences.

14. Intellectual Property

The Service, including its software, source code, interface, design, branding, logos, documentation, and original content, is owned by or licensed to Playmarketer LLC and is protected by applicable intellectual property laws.

Except for the limited rights expressly granted under these Terms or a separate licence, no ownership rights are transferred to you.

Subject to your compliance with these Terms and the applicable purchase conditions, we grant you a limited, non-exclusive, non-transferable right to access and use the purchased Service for its intended purpose during the applicable access period.

You may not copy, modify, distribute, sell, lease, sublicense, or commercially exploit the Service or its proprietary components except where expressly authorized by us or permitted by applicable law.

You retain ownership of content and Customer Data that you lawfully own and upload to the Service.

You grant us a limited right to host, process, transmit, and display such content as reasonably necessary to provide and secure the Service, fulfill your instructions, and comply with legal obligations.

If you believe that material available through Send Onyx infringes your intellectual property rights, please contact us with sufficient information to identify the material and explain the alleged infringement.

15. Feedback and Suggestions

If you submit suggestions, ideas, recommendations, or feedback regarding Send Onyx, you grant us permission to use that feedback to improve or develop our products and services without compensation, to the extent permitted by law.

This provision does not transfer ownership of your confidential information, Customer Data, or independently owned intellectual property that you provide to us under a separate agreement.

Please do not submit confidential or proprietary information unless it is necessary for support or otherwise appropriately protected.

16. Third-Party Websites and Services

The Service may contain links to or integrations with websites, applications, software, payment processors, SMTP providers, and other services operated by third parties.

We do not control third-party services and are not responsible for their content, availability, security, terms, privacy practices, or independent actions.

Your use of third-party services may be subject to separate agreements between you and the relevant provider.

A third-party integration may stop working, change its functionality, impose new requirements, or become unavailable for reasons outside our control.

We will handle such changes in accordance with any applicable contractual commitments and legal obligations, but we cannot guarantee the continued availability of every third-party service.

17. Service Availability and Changes

We aim to provide a reliable Service but do not guarantee uninterrupted or error-free operation.

The Service may occasionally be unavailable due to maintenance, upgrades, infrastructure problems, security incidents, third-party outages, or circumstances beyond our reasonable control.

We may modify or discontinue individual features where reasonably necessary for maintenance, security, legal compliance, technical improvements, or business operations.

Where a change materially affects a paid service, we will act in accordance with applicable contractual commitments and law.

We are not responsible for outages or disruptions caused by third-party providers, internet connectivity issues, incorrectly configured DNS records, customer-managed servers, or other circumstances outside our reasonable control, except to the extent liability cannot lawfully be excluded.

18. Suspension and Termination

We may suspend, restrict, or terminate access to the Service where reasonably necessary if:

- You materially breach these Terms.
- You engage in spam, fraud, unlawful activity, or other prohibited conduct.
- Your account creates a credible security, legal, deliverability, or operational risk.
- We receive credible abuse reports or lawful requests requiring action.
- Your use violates applicable third-party provider requirements.
- You fail to pay amounts properly due under an applicable agreement.
- We are legally required to suspend or terminate access.

Where reasonably practicable and appropriate, we may provide notice and an opportunity to resolve the issue before imposing a restriction. However, we may act without prior notice where necessary to address urgent security risks, suspected fraud, ongoing abuse, legal requirements, or significant harm to the Service or others.

We will exercise these rights in accordance with applicable law and any specific contractual commitments.

You may stop using the Service at any time. If you have an active subscription, you must follow the applicable cancellation procedure to prevent future recurring charges.

Termination does not automatically entitle you to a refund. Refund eligibility is governed by our Refund Policy and applicable law.

Upon termination, your right to use the affected Service or licence will cease, subject to any rights that must legally continue.

19. Data Export and Account Closure

Before voluntarily closing your account or discontinuing a paid service, you should export any Customer Data you wish to retain, where export functionality is available.

Following account termination, we may disable access to account data and delete or anonymize information in accordance with our retention policies, contractual commitments, and applicable law.

Certain records may be retained where necessary for billing, accounting, fraud prevention, legal compliance, dispute resolution, security, or other lawful purposes.

We do not guarantee that data will remain recoverable after it has been deleted or after an applicable retention period has expired.

If you require assistance with data export or deletion, contact us at [email protected].

20. Indemnification

To the extent permitted by applicable law, you agree to indemnify and hold harmless Playmarketer LLC and its officers, employees, contractors, and agents against third-party claims, liabilities, damages, and reasonable expenses arising directly from:

- Your unlawful use of the Service.
- Your material breach of these Terms.
- Your infringement of another person's intellectual property, privacy, or other legal rights.
- Your unlawful collection, use, or disclosure of subscriber information.
- Email campaigns or Customer Data that you submit or distribute in violation of applicable law.

This section does not apply to the extent a claim results from our own unlawful conduct, breach of our obligations, negligence, or other circumstances for which applicable law prevents us from shifting responsibility to you.

We will provide reasonable notice of a claim for which indemnification is sought and allow you a reasonable opportunity to participate in its defense, where appropriate. No settlement may impose an obligation on you without your consent.

21. Disclaimer of Warranties

To the fullest extent permitted by applicable law, the Service is provided on an "AS IS" and "AS AVAILABLE" basis, subject to any express warranties or commitments we have made in writing.

We do not warrant that the Service will be uninterrupted, error-free, compatible with every third-party system, or suitable for every specific business purpose.

We do not guarantee:

- Specific email deliverability, inbox placement, open rates, or click rates.
- A particular number of subscribers, customers, leads, or sales.
- Any specific revenue, profit, or business outcome.
- The uninterrupted availability of third-party SMTP providers.
- The accuracy of all analytics, AI-generated content, or tracking statistics.
- That every technical issue can be resolved immediately.

To the fullest extent permitted by law, we disclaim implied warranties that may otherwise apply, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

Nothing in these Terms excludes or limits warranties, guarantees, or consumer rights that cannot legally be excluded or limited.

22. Limitation of Liability

To the fullest extent permitted by applicable law, Playmarketer LLC will not be liable for indirect, incidental, special, consequential, or punitive damages, or for loss of profits, revenue, business opportunities, goodwill, anticipated savings, or data, arising from or related to your use of the Service.

This limitation applies regardless of the legal theory asserted and even if we have been advised of the possibility of such damages, subject to applicable law.

To the fullest extent permitted by applicable law, our aggregate liability arising out of or relating to the Service will not exceed the amount you paid directly to us for the specific product or service giving rise to the claim during the twelve months preceding the event giving rise to the claim.

This limitation does not apply to the extent liability cannot lawfully be excluded or limited, including any liability that applicable law requires us to retain.

Nothing in these Terms limits your mandatory consumer rights or excludes liability for fraud, intentional misconduct, or other matters that cannot legally be excluded.

23. Force Majeure

We will not be responsible for a failure or delay in performing obligations to the extent caused by circumstances beyond our reasonable control, including natural disasters, war, civil unrest, government actions, widespread internet or infrastructure failures, major cyber incidents, or significant third-party service disruptions.

We will take reasonable steps to mitigate the effects of such circumstances where practicable.

This section does not remove any obligations or remedies that apply under mandatory law.

24. Governing Law and Dispute Resolution

These Terms shall be governed by and interpreted in accordance with the laws of Serbia, without regard to its conflict-of-law principles, except where mandatory law requires otherwise.

The parties will attempt in good faith to resolve disputes relating to the Service through direct communication before commencing formal proceedings, where appropriate.

Nothing in this section prevents either party from seeking urgent legal relief or exercising rights available under applicable consumer protection laws.

Where mandatory consumer protection rules provide a consumer with the right to bring proceedings in a particular jurisdiction or provide other mandatory protections, those rules will prevail.

25. Severability and Waiver

If any provision of these Terms is held to be invalid, unlawful, or unenforceable, that provision will be limited or modified to the minimum extent necessary, where legally permitted, so that the remaining provisions continue in effect.

Our failure to exercise or enforce a right or provision of these Terms does not constitute a waiver of that right or provision.

Any waiver must be interpreted in accordance with applicable law.

26. Entire Agreement

These Terms, together with our Privacy Policy, Refund Policy, and any applicable product-specific terms or separate written agreements, constitute the agreement governing your use of the Service, subject to any mandatory legal requirements.

If a product-specific agreement expressly conflicts with these Terms, the product-specific agreement will control for the relevant product to the extent that the conflict is expressly addressed and legally permissible.

Nothing in this section overrides a separate agreement that expressly takes precedence or any rights that cannot be waived under applicable law.

27. Changes to These Terms

We may update these Terms from time to time to reflect changes in our products, services, business practices, security requirements, or legal obligations.

When we make material changes, we will update the "Last Updated" date and provide additional notice where required by applicable law or contractual commitments.

Unless otherwise required by law, updated Terms will apply from their stated effective date.

Changes will not retroactively eliminate rights or alter completed purchases in a manner prohibited by applicable law.

If you do not agree with revised Terms, you should discontinue use of the affected Service and, where applicable, cancel your subscription in accordance with the relevant cancellation terms.

Your continued use of the Service after revised Terms become effective will constitute acceptance where such acceptance is legally effective.

28. Contact Us

If you have questions about these Terms of Service, please contact us:

Company: Playmarketer LLC
Brand: Send Onyx
Email: [email protected]
Website: https://sendonyx.com