Terms of Service

1. Acceptance of Terms

By accessing or using IndieSend, you agree to be bound by these Terms of Service. If you do not agree to these terms, please do not use our service.

2. Description of Service

IndieSend provides an email marketing platform designed for indie game developers to manage contacts, send campaigns, distribute Steam keys, and track email engagement. We reserve the right to modify, suspend, or discontinue any part of the service at any time.

3. User Responsibilities

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to use the service only for lawful purposes and in compliance with all applicable laws, including anti-spam regulations (CAN-SPAM, GDPR, etc.).

4. Acceptable Use

You agree not to use IndieSend to send unsolicited bulk emails (spam), distribute malware, engage in phishing, or violate any laws. You must have proper consent from recipients before sending them emails through our platform. Violation of these terms may result in immediate termination of your account.

5. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE.

6. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, INDIESEND AND ITS OWNERS, EMPLOYEES, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY.

7. Indemnification

You agree to indemnify and hold harmless IndieSend and its owners, employees, and affiliates from any claims, damages, losses, or expenses (including reasonable attorneys' fees) arising out of your use of the service, your violation of these terms, or your violation of any rights of another party.

8. Email Deliverability

While we strive to help you achieve good email deliverability, we cannot guarantee that your emails will be delivered to recipients' inboxes. Email delivery depends on many factors outside our control, including recipient email servers, spam filters, and your sender reputation.

9. Payment and Refunds

Paid subscriptions are billed in advance on a monthly or annual basis. Refunds are provided at our sole discretion. Subscription fees are non-refundable except where required by law.

10. Termination

We may terminate or suspend your account at any time, with or without cause or notice. Upon termination, your right to use the service will immediately cease. You may also terminate your account at any time by contacting us.

11. Changes to Terms

We reserve the right to modify these terms at any time. We will notify you of significant changes by posting the new terms on this page. Your continued use of the service after such changes constitutes acceptance of the new terms.

12. Governing Law

These terms shall be governed by and construed in accordance with applicable laws, without regard to conflict of law principles.

13. Contact Us

If you have any questions about these Terms of Service, please contact us at hi@indiesend.co.