Terms of Service

1. Parties and definitions

The service is provided by Obsidian Heron, 30 N Gould St Ste R, Sheridan, WY 82801 (“we”). “You” means the organization that holds the account and each person who uses it on the organization’s behalf. “Service” means the console, the API, the documentation and everything else we operate under f5send.com and api.f5send.com. “Customer content” means the data you put into the service: recipient addresses, message content, contacts, templates, suppression lists and inbound mail.

2. The service

Refresh lets you verify domains you own, generate and hold DKIM signing keys, and send transactional and marketing email from those domains through the delivery provider we operate, with delivery events, webhooks, contact management, suppression and unsubscribe handling. The current feature set is described in the documentation. We may improve, change or retire features; we will give at least 30 days’ notice before removing a feature that you actively use.

3. Accounts and organizations

• You must provide accurate account information and keep your sign-in method and API keys secret. You are responsible for everything done with your keys until you revoke them.
• Each organization has admins, members and viewers. Admins are responsible for who they invite and for the roles they grant.
• You must be at least 18 and able to enter a contract on behalf of the organization.

4. Acceptable use

Email deliverability is shared infrastructure: one abusive sender damages every other sender on the platform. You agree that you will:

• send only to recipients who have given you permission to contact them, or with whom you have an existing relationship that makes the message expected;
• never send to purchased, rented, scraped or harvested lists, and never to addresses you cannot show consent for;
• honour every unsubscribe and complaint at once (the platform enforces this automatically, and you must not work around it);
• identify yourself truthfully in the From address, subject and body; include a valid postal address in marketing mail; and comply with CAN-SPAM, CASL, GDPR, the ePrivacy rules and every other law that applies to you or your recipients;
• only send from domains you own or are authorised to use;
• not send malware, phishing, deceptive content, or content that is unlawful where you or your recipients are;
• not attempt to breach, probe or overload the service or another customer’s data.

Bounce and complaint thresholds. We may pause sending for a domain or organization whose hard bounce rate or complaint rate exceeds the limits published in the documentation, or when a mailbox provider blocks us because of your mail. The console shows why sending is paused and what to do next. We may suspend or terminate an account for a serious or repeated violation of this section without notice.

5. Fees and billing

• Prices are on the pricing page. Plans bill monthly in advance; volume above a plan’s allowance bills at the published rate.
• Payments are processed by Stripe. You authorise us to charge your payment method on each billing date.
• If a payment fails we will notify you and retry. We may reduce your sending quota or pause sending after 14 days of non-payment, and delete the organization after 60 days.
• Fees exclude taxes; you are responsible for any tax that applies to your purchase other than our income tax.
• We may change prices with 30 days’ notice. Changes apply from your next billing period.

6. Your data

• You own your customer content. You grant us the licence needed to store, process and transmit it to provide the service.
• We process customer content as your processor under the Data Processing Addendum, which forms part of these terms. Our Privacy Policy describes how we handle account data.
• You control retention: message content is kept for 0 to 90 days and events for 1 to 3650 days at your setting. You can export and delete your organization’s data from the console at any time.
• You represent that you have every consent and legal basis needed for the customer content you give us and for the messages you send.

7. Our intellectual property

We own the service, its software, documentation and trademarks. You may not copy, modify, resell or reverse-engineer it except as the law allows. Our SDKs, CLI and documentation carry their own open-source licences where stated. Feedback you give us may be used without obligation.

8. Availability and support

We work to keep the service available around the clock and publish its status at app.f5send.com/status. We do not offer a service-level credit unless your plan says so. Support is by e-mail at hello@f5send.com.

9. Warranties and disclaimers

We warrant that we will provide the service with reasonable skill and care. Otherwise the service is provided “as is”. We do not warrant that any message will reach any inbox: delivery depends on mailbox providers, your content, your sending history and your recipients’ behaviour, none of which we control. To the fullest extent the law allows, we disclaim all other warranties, express or implied, including merchantability and fitness for a particular purpose.

10. Limitation of liability

To the fullest extent the law allows, neither party is liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue or data, however caused. Our total liability for all claims arising out of the service in any twelve-month period is limited to the fees you paid us in that period. These limits do not apply to a party’s breach of confidentiality, to indemnity obligations, or to liability that cannot be limited by law.

11. Indemnity

You will defend and indemnify us against claims arising from your customer content, your messages, or your breach of section 4, including claims by recipients, mailbox providers and regulators.

12. Term and termination

• These terms apply from the moment you create an account until the account is deleted.
• You may delete an organization at any time from the console. Deletion is immediate and permanent; see the Privacy Policy for what happens to keys and backups.
• We may suspend the service for a violation of section 4 or for non-payment, and terminate on 30 days’ notice for any reason. On termination we delete your data as described in the Privacy Policy and the DPA.
• Sections 6, 7, 9, 10, 11 and 13 survive termination.

13. General

• These terms, the Privacy Policy and the DPA are the whole agreement between us about the service and replace any earlier agreement.
• They are governed by the laws of Wyoming, United States, and its courts have exclusive jurisdiction, without regard to conflict-of-law rules.
• If a court finds a provision unenforceable, the rest stands.
• You may not assign these terms without our consent. We may assign them to a successor of the business.
• Notices to you go to the e-mail addresses of your organization’s admins. Notices to us go to hello@f5send.com.
• We may change these terms. We will post the new version here and, for material changes, e-mail organization admins at least 14 days in advance. Continued use after that date is acceptance.