Legal

Terms and Conditions

Effective September 2, 2026

SendOps is a software product operated by AltaCoda LLC (“AltaCoda,” “we,” “us,” or “our”), a Delaware limited liability company with its principal place of business at 1111 Broadway, Oakland, CA 94607. These Terms and Conditions (“Terms”) constitute a legally binding agreement between you (“Customer,” “you,” or “your”) and AltaCoda, governing your access to and use of the SendOps platform, including all associated websites, APIs, documentation, and related services (collectively, the “Service”).

By accessing or using the Service, you agree to be bound by these Terms. If you are accepting these Terms on behalf of an organization, you represent and warrant that you have the authority to bind that organization. If you do not agree to these Terms, do not use the Service.

1. Definitions

“Account” means the account you create to access and use the Service.

“AWS” means Amazon Web Services, Inc. and its affiliates.

“AWS Account” means an independently maintained Amazon Web Services account that you own or are authorized to administer for a Client, and which is subject to the AWS Customer Agreement and related terms between its owner and AWS.

“Client” means a third party for whom you are authorized to configure, administer, or use the Service as part of a managed service or consulting engagement.

“Authorized Users” means individuals you authorize to access the Service under your Account, subject to any seat limits associated with your subscription plan.

“Configuration Set” (also referred to as a “Channel”) means an Amazon SES configuration set managed or referenced through the Service.

“Campaign” means any message or series of messages composed or scheduled through the Service, including broadcasts, workflow and drip messages, and test sends.

“Contact Data” means data about Recipients that you upload, import, synchronize, submit, or otherwise cause to be stored in the Service, including email addresses, your own contact identifiers, contact attributes, list and segment membership, consent and subscription records, and suppression status.

“Content” means any data, text, templates, campaign content, workflow and segment definitions, configurations, assets, or other materials you submit to or create through the Service. Contact Data is a category of Content.

“Customer AWS Resources” means all AWS resources, including but not limited to Amazon SES configuration sets, identities, contact lists, EventBridge rules, and related infrastructure, provisioned within a connected AWS Account in connection with the Service.

“Managed Workspace” means a workspace you use to provide authorized services to a Client, whether the subscription is billed to you or directly to the Client.

“Recipient” means any individual or mailbox to whom email is addressed through the Service.

“Subscription Plan” means the tier of Service you have selected (Free, Team, or Business), as described on our pricing page.

2. The Service

2.1 Description

SendOps is an email operations and marketing platform built on an Amazon Simple Email Service (SES) account that you own or are authorized to administer. The Service provides:

Transactional email management and monitoring
Contact and audience management
Contact imports by CSV file and by API
Static lists and dynamic segments
Broadcast and campaign sending
Automated and drip workflows
Email template management, authoring, and rendering
Consent and subscription management, including a hosted unsubscribe page
Bounce, complaint, suppression, delivery, open, and click tracking
Recipient-level message history, reporting, and analytics
A public API and programmatic access for your own systems

The Service operates by connecting to an AWS Account using an IAM role created and controlled by the AWS Account owner or its authorized administrator.

2.2 Email Is Sent Through Your AWS Account

All email transmission occurs through Amazon SES within the connected AWS Account. Sending uses that account’s SES identities and verified domains, consumes its SES sending quotas, is billed by AWS to its owner, and accrues to its sender reputation. The Service does not relay, proxy, or transmit email through sending infrastructure of its own, and is not your email service provider for delivery purposes.

Within that model, two paths exist:

Your application’s own sending. Where your application calls SES directly, the message does not pass through the Service. The Service receives only the resulting SES event stream.
Campaigns you author in the Service. Here the Service composes the message — holding the template, subject, content, merge data, and resolved recipient set — and dispatches it through SES in the connected AWS Account.

You acknowledge and agree that email delivery is performed by AWS and is governed by the terms of your agreement with AWS.

2.3 Contact and Audience Data

The Service stores and processes Contact Data that you place in it. It does not connect to, query, or replicate your application’s own databases; Contact Data reaches the Service only when you upload, import, synchronize, or submit it, or when it is derived from SES events and Campaign activity. Your obligations in respect of Contact Data are set out in Sections 5 and 7, and our data-protection commitments in Section 6.

2.4 No Service Volume Limits

The Service does not impose usage-based email volume limits, and no Subscription Plan meters the number of emails you send or the number of contacts you store. The absence of a SendOps billing limit is not the absence of a limit. Sending remains subject to your Amazon SES quotas, AWS policies, sender-reputation requirements, the anti-abuse controls described in Section 7, and applicable law. We may restrict volume or pause sending as set out in Section 7.8.

2.5 AWS Account Requirement

Use of the Service requires an active AWS Account with Amazon SES enabled. You are responsible for ensuring that the AWS Account owner maintains the account, secures its credentials, and complies with the AWS Customer Agreement and all applicable AWS terms and policies. If the AWS Account belongs to a Client, you must have continuing authority to connect and administer it through the Service.

2.6 Onboarding and Infrastructure Provisioning

During onboarding, the Service may deploy AWS CloudFormation stacks and submit requests (such as SES production access requests) within the connected AWS Account on your behalf or under a Client’s authority. You authorize these actions by providing the necessary AWS credentials and authority. You understand that certain AWS processes, including production access approval, are controlled entirely by AWS and are outside our control.

2.7 Managed Workspaces and Client Engagements

You may use a Managed Workspace only where we have approved that use in writing, including under an executed partner agreement or order form. For each Managed Workspace, you represent and warrant that:

You have the Client’s documented authority to access and administer the Client’s AWS Account, configure the Service, and provide all instructions you give us.
You have the Client’s documented authority to submit, access, use, and otherwise process the Client’s Content and Contact Data through the Service.
Your agreement with the Client permits you to appoint us as a processor or subprocessor where applicable and requires you to protect the Client’s data consistently with these Terms and the DPA.
You will keep unrelated Clients in separate workspaces, limit access to personnel who need it, and promptly revoke access when authority ends.
You will not represent that you own a Client’s data or AWS resources, and you will not use them outside the scope of the Client’s instructions.

A Client may be billed directly and accept these Terms as the Customer, or you may be billed for a Managed Workspace and remain the Customer responsible for all fees and activity in that workspace. Your private commercial arrangements with a Client do not alter your obligations to us.

2.8 Partner Program and Third-Party Statements

Participation in the SendOps Partner Program requires our written approval and an executed partner agreement. Partner benefits, commissions, discounts, attribution rules, qualification requirements, and approved marketing activities are governed by that agreement and its schedules, not by these Terms or statements on a marketing page.

A partner is an independent contractor and has no authority to bind us, vary these Terms, promise features or results on our behalf, or make representations that we have not approved. Statements, services, and commitments made by a partner are the partner’s own unless we confirm them in writing. A referral or partner relationship does not change a referred customer’s price, plan, rights, or obligations unless we expressly agree otherwise.

3. Accounts and Access

3.1 Registration

You must provide accurate and complete information when creating an Account. You are responsible for maintaining the confidentiality of your Account credentials and for all activity that occurs under your Account.

3.2 Authorized Users

You may invite Authorized Users up to the seat limit of your Subscription Plan. You are responsible for your Authorized Users’ compliance with these Terms and for any actions they take through the Service.

3.3 AWS Credentials

You are responsible for the security and scope of any AWS credentials (such as IAM roles, access keys, or cross-account role ARNs) you provide to the Service. You should follow the principle of least privilege and grant only the permissions necessary for the Service to function. We will not use your AWS credentials for any purpose other than operating the Service on your behalf.

4. Subscription Plans and Payment

4.1 Plans

The Service is offered under multiple Subscription Plans, each with defined limits on seats, templates, data retention, and features. Current plan details and pricing are available on our website and are incorporated into these Terms by reference.

4.2 Fees

If you select a paid Subscription Plan, you agree to pay all applicable fees in accordance with the billing terms presented at the time of purchase. Fees are billed in advance on a monthly or annual basis, depending on your plan and billing cycle selection.

4.3 Payment Processing

Payments are processed through our third-party payment processor (currently Stripe, Inc.). By providing payment information, you authorize us to charge your designated payment method for all fees incurred. You agree to the payment processor’s terms of service as they apply to your transactions.

4.4 Taxes

Fees are exclusive of all taxes, levies, and duties. You are responsible for paying any applicable taxes, except for taxes based on our net income.

4.5 Plan Changes

You may upgrade or downgrade your Subscription Plan at any time. Upgrades take effect immediately, with prorated charges applied. Downgrades take effect at the end of the current billing period. If a downgrade would cause you to exceed the limits of the new plan (e.g., seats, templates), you must bring your usage within those limits before the change takes effect.

4.6 Overdue Payments

If any payment is overdue, we may suspend access to paid features of the Service after providing at least seven (7) days’ written notice. Suspension does not relieve you of the obligation to pay outstanding fees.

5. Customer Content and Data

5.1 Ownership

You retain all rights, title, and interest in your Content. These Terms do not grant us any ownership rights to your Content.

5.2 License to Operate

You grant us a limited, non-exclusive, worldwide license to use, process, and display your Content solely as necessary to provide, maintain, and improve the Service. This license terminates when you delete your Content or close your Account, subject to any applicable retention obligations.

5.3 What the Service Stores, and What It Does Not

Your own databases stay yours. The Service does not connect to, query, or replicate your application’s primary database or any other system of record you operate.

Contact Data you place in the Service is stored by the Service. This includes Recipient email addresses, your own contact identifiers, contact attributes you define and populate, list and segment membership, consent and topic preferences, and suppression status — however it arrives: CSV import, the API, synchronization with your SES contact list, or definitions read from a repository you connect.

The Service also stores data generated by sending. This includes email event data received from Amazon SES (sends, deliveries, bounces, complaints, opens, clicks), recipient-level message history, and per-Recipient Campaign outcomes. Recipient email addresses are stored in plaintext within the Service’s searchable event store, scoped to your Account, and in irreversible hashed form for analytics and aggregate reporting.

Temporary inbox content is stored briefly, then deleted. Where you or an agent acting for you mint a temporary inbox (Section 7.10), any message forwarded to that address, including its attachments and authentication results, is stored by the Service on SendOps-operated infrastructure, not in your AWS Account, for the lifetime of the inbox, which is at most one hour. At expiry the address stops resolving and the message content is deleted; only a record that the inbox existed, who created it, and how many messages it received or refused is retained. Content stored for a temporary inbox is not indexed for analytics and is not part of your Contact Data.

The Service stores your Campaign content. Templates, subject lines, preview text, inline message content, merge data, workflow definitions, and assets are stored so that the Service can render, deploy, and send them. Messages your application sends directly through SES are not stored, because they never reach the Service.

The categories above, the purposes for which each is processed, and how long each is retained are set out in the Privacy Policy and the DPA.

Consent, unsubscribe, and suppression records are retained for as long as the associated contact exists in your Account. You agree not to delete, alter, or reset those records for the purpose of re-enabling sending to a Recipient who has opted out or been suppressed. Where the Service and your SES contact list disagree about a Recipient’s consent, the stricter state governs.

5.5 Git-Synced Templates and Definitions

If you connect a GitHub repository to the Service for template, segment, or workflow management, the Service will read from that repository in accordance with the permissions you grant, and will write only where you explicitly enable write-back. You are solely responsible for the content of your templates and definitions and for ensuring they comply with applicable laws and the AWS Acceptable Use Policy.

5.6 Backups

You are responsible for maintaining independent backups of your Content. While we take commercially reasonable measures to preserve data integrity, we are not a backup or archival service.

6. Data Protection and Privacy

6.1 Privacy Policy

Our collection and use of personal information in connection with the Service is described in our Privacy Policy, which is incorporated into these Terms by reference.

6.2 Data Processing and Roles

For ordinary and Client-billed workspaces, you are the controller of Contact Data. With respect to Contact Data and Recipient-level event, engagement, and Campaign data, you act as the data controller (or “business” under CCPA/CPRA) and we act as a data processor (or “service provider”), processing that data on your documented instructions — which are the configuration choices you make in the Service.

For a partner-billed Managed Workspace, the Client may be the controller and you may act as its processor or service provider. In that case, you appoint us as your subprocessor or subcontracted service provider, as applicable, and represent that the Client has authorized that appointment. With respect to your Account, workspace, authentication, usage, billing, partner-program, support, and audit data, we act as the controller.

That processing relationship is governed by our Data Processing Addendum (“DPA”), published at sendops.dev/dpa and incorporated into these Terms by reference.

6.3 Your Data-Protection Responsibilities

As controller of Contact Data, or as the Client’s authorized processor or service provider, you are responsible for:

Establishing and documenting a lawful basis for processing each Recipient’s personal data.
Ensuring that the controller provides Recipients with a privacy notice that covers use of the Service, including any open or click tracking enabled.
Coordinating responses to data-subject requests with the applicable controller. Where a Recipient contacts us directly, we will refer the request to the appropriate Customer or controller where we can identify it and assist as described in the DPA.
Making legally required disclosures to the Client and obtaining any authorization required to appoint us as a subprocessor. Nothing in these Terms promises that your use of the Service may remain undisclosed where applicable law or your agreement with the Client requires disclosure.
Not uploading special categories of personal data (Article 9 GDPR) as Contact Data. The Service is not designed for them.
Configuring retention, access, roles, and permissions consistently with your own obligations.

If you are located in the European Economic Area (EEA), the United Kingdom, or Switzerland, or if you process personal data of individuals in those regions through the Service, the following applies:

The allocation of controller, processor, and subprocessor roles in Section 6.2 applies.
We process personal data on documented instructions from the applicable controller or from you acting under that controller’s authority, as described in the DPA.
You are responsible for establishing a lawful basis for processing where you are the controller and for ensuring that you have valid instructions and authority where you act for a Client.
We implement appropriate technical and organizational measures to protect personal data, as further described in the DPA.
You may exercise rights over personal data for which we act as controller, including your Account and partner-program data, by contacting us at hello@altacoda.io.

6.5 International Data Transfers

The Service uses infrastructure in Germany and the United States, as described in our Privacy Policy and subprocessor list. If you transfer personal data from the EEA, UK, or Switzerland to us, such transfers are governed by the safeguards described in our DPA, which may include the applicable module of the Standard Contractual Clauses or other lawful transfer mechanisms.

6.6 Service Providers and Sub-Processors

We use third-party service providers and Further Sub-Processors to help provide the Service and operate our business. A current list is maintained at sendops.dev/subprocessors. We will notify you of material changes to Further Sub-Processors that process customer-controlled Personal Data and provide an opportunity to object, as described in the DPA.

7. Acceptable Use

7.1 General

You agree to use the Service only for lawful purposes and in compliance with these Terms and all applicable laws and regulations, including anti-spam and electronic marketing laws (such as CAN-SPAM, CASL, GDPR and the ePrivacy rules, PECR, and the Australian Spam Act), the AWS Acceptable Use Policy, and the AWS Customer Agreement.

Because email is sent through the connected AWS Account, a violation of this Section is also likely to violate the AWS Account owner’s agreement with AWS and can result in AWS throttling, suspending, or terminating SES access independently of anything we do.

For every Recipient you contact through the Service, you must:

Have a lawful basis to email them — consent where consent is required in the Recipient’s jurisdiction, or another basis that is lawful there for the type of message you are sending.
Maintain evidence of consent where consent is the basis, including its source, the date and time it was given, and what the Recipient was told they were subscribing to. You must be able to produce that evidence on request.
Contact only Recipients you are legally permitted to contact. Being technically able to send to an address in your Account is not permission to send to it.
Honor unsubscribe, objection, and erasure requests promptly, and include a functioning unsubscribe mechanism in every marketing message.
Respect suppression. Do not attempt to send to a Recipient who is suppressed or has opted out.
Identify yourself accurately. Sender name, From address, reply path, and the postal address in your unsubscribe footer must be accurate and must not misrepresent who you are.
Describe the message accurately. Subject lines and preview text must not mislead the Recipient about the content or purpose of the message.
Send only to addresses you have collected or lawfully received yourself, and only in accordance with what the Recipient was told at the point of collection.

7.3 Prohibited List Sources and Sending Practices

You must not use the Service with, or to do, any of the following:

Purchased or rented lists of any kind.
Scraped or harvested addresses, however collected, including addresses gathered from websites, social networks, directories, public records, WHOIS data, or conference and event listings.
Address-appending, email-guessing, or pattern-based address generation services, including any service that derives an address from a name and a domain.
Unverified third-party prospect databases, sales-intelligence exports, or lead lists whose provenance and consent you cannot evidence.
Unsolicited cold-email campaigns, including cold outreach sequences run through workflows.
Misleading sender identities, forged headers, look-alike domains, or impersonation of any person or organization.
Attempts to bypass suppression, unsubscribe, or consent controls, including deleting or resetting consent records to re-enable sending, re-importing a suppressed or unsubscribed contact in order to send to them, splitting an audience across workspaces or AWS accounts to evade suppression, using test sends to reach opted-out or suppressed Recipients, or removing or breaking the unsubscribe mechanism in a message.
List-bombing, subscription-bombing, or adding Recipients to lists without their knowledge.
Sending spam, phishing, malware, or any unlawful, deceptive, or fraudulent message.
Sending to addresses that have hard-bounced, or repeatedly sending to addresses that generate complaints.

7.4 Test Sends

Test sends deliver a Campaign to a small, explicit set of addresses you name so that you can review the rendered message. Test sends deliberately bypass the Service’s consent filtering — they skip the audience snapshot and both the workspace-level and topic-level consent checks — and are excluded from Campaign reporting.

Accordingly:

You must address test sends only to verified members of your own workspace or to seed and testing addresses you control.
You must not use a test send to contact a Recipient you would otherwise be barred from contacting, including any Recipient who has unsubscribed or been suppressed. Doing so is a material breach of these Terms.
Test sends do not bypass Amazon SES’s own controls. SES enforces your account-level and configuration-set suppression lists on every send, so Recipients suppressed there because of a hard bounce or spam complaint will not receive a test send. Permanent deliverability and abuse suppressions are enforced by AWS below the Service and are not bypassable through the Service.

7.5 Transactional and Marketing Separation

Mixing transactional and marketing traffic on one sending reputation means a marketing complaint spike can suppress your password resets and receipts. We strongly recommend, and may require where your sending presents elevated risk, that you separate the two using distinct sending subdomains, distinct SES configuration sets, separate reputation monitoring, separate suppression and subscription policies, and — where volume or risk warrants it — separate AWS accounts. This is a deliverability best practice rather than a general condition of use.

7.6 General Prohibited Conduct

You agree not to:

Provide false, misleading, or fraudulent information during registration or use of the Service.
Attempt to gain unauthorized access to the Service, other accounts, or any systems or networks connected to the Service.
Interfere with or disrupt the integrity or performance of the Service.
Reverse-engineer, decompile, or disassemble any part of the Service, except as permitted by applicable law.
Use the Service to violate the intellectual property or other rights of any third party.
Resell, sublicense, or redistribute access to the Service without our prior written consent, which may be granted through an executed partner agreement or order form.
Use the Service in any manner that could damage, disable, overburden, or impair it.

7.7 Rate Limits

The Service enforces rate limits to maintain platform stability and protect all customers. You agree not to circumvent or attempt to circumvent rate limits or other technical restrictions imposed by the Service.

7.8 Our Rights of Inspection and Enforcement

To operate the Service safely, protect Recipients, and respond to abuse, we reserve the right — without notice where the circumstances require it — to:

Inspect sending metadata and configuration relevant to an investigation, including Campaign definitions, audience sizes and provenance, consent and suppression records, bounce and complaint rates, sending identities, and event data. We do not read your Campaign content for any purpose other than investigating a suspected violation, a complaint, or a security or deliverability incident, or where you ask us to.
Require evidence of consent and list provenance for any audience, and to require you to remove Contact Data whose provenance you cannot evidence.
Pause, cancel, or refuse a Campaign, including one already scheduled.
Restrict your sending volume or rate, or restrict specific features, where sending presents a risk to Recipients, to your own deliverability, or to the Service.
Investigate complaints received from Recipients, mailbox providers, blocklist operators, AWS, or regulators, and to share with them the minimum information necessary to resolve the complaint.
Suspend or terminate your Account or any Authorized User’s access for a violation of this Section, immediately in the case of a violation that is causing or is likely to cause harm to Recipients or to third parties.

We will tell you what we did and why as soon as it is reasonable to do so. Nothing in this Section obliges us to monitor your sending, and our failure to act on a violation is not a waiver of these rights.

7.9 Reporting Abuse

If you believe email sent through the Service violates this Section, contact hello@altacoda.io. Because email is sent from the connected AWS Account and its sender reputation, complaints will generally reach the AWS Account owner and AWS directly and may also reach the Customer or Client responsible for the workspace.

7.10 Temporary Inboxes

The Service can mint a short-lived email address on a domain we operate (a “Temporary Inbox”) so that you, or an AI agent acting on your behalf, can receive one message you choose to forward to it. A Temporary Inbox is a convenience for handling your own mail during a conversation with an agent. It is not a mailbox, it cannot send mail, and it is not part of your AWS Account.

You agree to use Temporary Inboxes only to receive mail that is addressed to you or that you are entitled to receive, forwarded by you or by a member of your workspace. In particular, you agree not to:

Use a Temporary Inbox address to register for, verify, or otherwise create an account on any third-party website, application, or service.
Use a Temporary Inbox to receive mail on behalf of, or intended for, any person outside your workspace, or to collect mail from a person who has not chosen to send it to that address.
Give a Temporary Inbox address to a third party as a contact address, publish it, or use it as a disposable or anonymous address.
Use a Temporary Inbox to evade a suppression, unsubscribe, blocklist, or other control imposed by a mailbox provider, by AWS, or by the Service.
Mint Temporary Inboxes at a volume or in a pattern that is inconsistent with handling your own mail, or attempt to circumvent the quotas and caps the Service applies to them.

The Service limits how many Temporary Inboxes may be created and may restrict or suspend the feature for a workspace where use appears inconsistent with this Section, without prior notice. Mail sent to a Temporary Inbox from a sender the inbox is not configured to accept is discarded without notice to the sender; the Service never sends a bounce, reply, or delivery notice from a Temporary Inbox address. Because the receiving domain is shared by all customers, misuse by one workspace can affect the domain’s standing for every workspace, and we treat a breach of this Section as a material breach of these Terms.

8. Intellectual Property

8.1 Our Rights

We own all rights, title, and interest in the Service, including all software, technology, documentation, trademarks, and other intellectual property. These Terms do not grant you any rights to our intellectual property except the limited right to use the Service as described herein.

8.2 Feedback

If you provide feedback, suggestions, or ideas about the Service (“Feedback”), you grant us an irrevocable, perpetual, royalty-free, worldwide license to use, modify, and incorporate that Feedback into the Service without restriction or obligation to you.

8.3 Restrictions

“SendOps” and the SendOps logo are trademarks of AltaCoda LLC. You may not use our trademarks without our prior written consent, except as reasonably necessary to refer to the Service in a factual, non-misleading manner.

9. Third-Party Services

9.1 AWS

The Service integrates with and depends on AWS. Your use of AWS is governed by your agreement with AWS, and we are not responsible for the availability, performance, pricing, or terms of AWS services. Changes to AWS services, APIs, or policies may affect the functionality of the Service.

9.2 GitHub

If you use the GitHub integration for template syncing, your use of GitHub is governed by your agreement with GitHub. We are not responsible for the availability or performance of GitHub.

9.3 Payment Processor

Payment processing is provided by Stripe or such other payment processor as we may designate. Your use of the payment processor’s services is subject to their terms and conditions.

9.4 General

The Service may integrate with additional third-party services. We do not endorse and are not responsible for any third-party services, and your use of them is at your own risk.

10. Disclaimer of Warranties

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. To the fullest extent permitted by applicable law, we disclaim all warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranties arising from course of dealing or usage of trade.

Without limiting the foregoing, we do not warrant that:

The Service will meet your requirements or expectations.
The Service will be uninterrupted, timely, secure, or error-free.
Any errors in the Service will be corrected.
The Service will be compatible with any particular AWS configuration, region, or feature.

11. Limitation of Liability

11.1 Exclusion of Certain Damages

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL ALTACODA, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITY, ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE SERVICE, REGARDLESS OF THE THEORY OF LIABILITY AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

11.2 Cap on Liability

OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS PAID BY YOU TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED DOLLARS (USD $100).

11.3 Email Delivery Disclaimer

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT ALTACODA IS NOT RESPONSIBLE FOR THE DELIVERY, NON-DELIVERY, DELAY, BOUNCING, BLOCKING, OR FILTERING OF ANY EMAIL SENT THROUGH AMAZON SES OR ANY OTHER EMAIL SERVICE. Email transmission is performed by AWS within the connected AWS Account, using that account’s identities and sender reputation; the Service does not relay or transmit email through infrastructure of its own. We have no control over and accept no liability for:

Email deliverability, bounce rates, complaint rates, or sender reputation.
Actions taken by AWS, including SES account suspension, throttling, or termination.
Actions taken by recipient mail servers, spam filters, or Internet Service Providers.
Any direct or indirect damages arising from email delivery failures, delays, or non-delivery.

Your email sending practices and deliverability outcomes are your sole responsibility. You should refer to AWS documentation and your AWS agreement for information about SES service levels and limitations.

11.4 Basis of the Bargain

The disclaimers and limitations in Sections 10 and 11 reflect a reasonable allocation of risk and form an essential basis of the bargain between you and us. The Service would not be provided to you without these limitations.

12. Indemnification

You agree to indemnify, defend, and hold harmless AltaCoda, its affiliates, officers, directors, employees, and agents from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to:

Your use of the Service.
Your Content or email-sending practices.
The provenance and lawfulness of your Contact Data, including any claim that a Recipient was contacted without a lawful basis.
Your violation of these Terms, any applicable law, or any third-party rights.
Your use of AWS services in connection with the Service.
Any claim by a third party related to email sent through the connected AWS Account.

13. Term and Termination

13.1 Term

These Terms are effective as of the date you first access or use the Service and continue until terminated.

13.2 Termination by You

You may terminate your Account at any time by using the account closure feature in the Service or by contacting us at hello@altacoda.io. Termination does not entitle you to a refund of prepaid fees, except as required by applicable law.

13.3 Termination by Us

We may suspend or terminate your access to the Service at any time if:

You breach these Terms and fail to cure the breach within thirty (30) days of receiving written notice.
You engage in conduct that we reasonably believe is harmful to the Service, other customers, or third parties.
We are required to do so by law or a court order.
We discontinue the Service (subject to Section 13.5).

13.4 Effect of Termination

Upon termination:

Your right to access and use the Service will immediately cease.
We will delete your Account data in accordance with our data retention policies and applicable law. You are responsible for exporting any Content you wish to retain before termination.
Customer AWS Resources remain the property of the connected AWS Account owner and remain in that AWS Account after termination. We will make commercially reasonable efforts to clean up SendOps-specific configurations, but the AWS Account owner and its authorized administrators are ultimately responsible for managing those resources.
Any provisions of these Terms that by their nature should survive termination will survive, including Sections 5.1, 8, 10, 11, 12, 14, and 15.

13.5 Service Discontinuation

If we discontinue the Service entirely, we will provide at least ninety (90) days’ prior written notice and make commercially reasonable efforts to allow you to export your Content.

14. Dispute Resolution

14.1 Informal Resolution

Before initiating any formal dispute resolution, you agree to first contact us at hello@altacoda.io and attempt to resolve the dispute informally for at least thirty (30) days.

14.2 Binding Arbitration

Any dispute, controversy, or claim arising out of or relating to these Terms or the Service that is not resolved informally shall be resolved by binding arbitration, rather than in court, except that either party may seek equitable relief in court for infringement or misappropriation of intellectual property rights.

Arbitration shall be administered by JAMS under its Comprehensive Arbitration Rules and Procedures, with the following terms:

The arbitration shall be conducted by a single arbitrator.
The seat of arbitration shall be Oakland, California.
The language of arbitration shall be English.
The arbitrator’s decision shall be final and binding, and judgment on the award may be entered in any court of competent jurisdiction.

14.3 Class Action Waiver

YOU AND ALTACODA AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. Unless both you and we agree otherwise in writing, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding.

14.4 Exceptions

Notwithstanding Section 14.2, either party may bring an action in small claims court if the dispute qualifies, and either party may seek injunctive or equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement of intellectual property rights.

14.5 Opt-Out

You may opt out of the arbitration and class action waiver provisions of this Section 14 by sending written notice to hello@altacoda.io within thirty (30) days of first accepting these Terms. Your notice must include your name, Account email address, and a clear statement that you wish to opt out. If you opt out, disputes will be governed by Section 15.

15. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the State of California, United States, without regard to conflict-of-law principles. To the extent that any dispute is not subject to arbitration under Section 14, you and AltaCoda consent to the exclusive jurisdiction and venue of the state and federal courts located in Alameda County, California.

16. General Provisions

16.1 Entire Agreement

These Terms, together with the Privacy Policy, DPA (where applicable), any order forms or plan selections, and any executed partner agreement and schedule applicable to your use, constitute the entire agreement between you and AltaCoda regarding the Service and supersede all prior agreements and understandings. If an executed partner agreement expressly conflicts with these Terms regarding approved partner activities, the partner agreement controls for those activities.

16.2 Modifications

We may modify these Terms from time to time. If we make material changes, we will notify you by email or through the Service at least thirty (30) days before the changes take effect. Your continued use of the Service after the effective date of the revised Terms constitutes your acceptance of the changes. If you do not agree, you must stop using the Service and close your Account.

16.3 Waiver

No waiver of any provision of these Terms shall be effective unless in writing and signed by the waiving party. A failure to enforce any right or provision does not constitute a waiver of that right or provision.

16.4 Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

16.5 Assignment

You may not assign or transfer these Terms or your rights under them without our prior written consent. We may assign these Terms without restriction. Any attempted assignment in violation of this section is void.

16.6 Force Majeure

Neither party shall be liable for any failure or delay in performing its obligations under these Terms due to circumstances beyond its reasonable control, including but not limited to natural disasters, acts of government, internet or telecommunications failures, or failures of AWS or other third-party services.

16.7 Notices

Notices to us should be sent to:

AltaCoda LLC 1111 Broadway Oakland, CA 94607 Email: hello@altacoda.io

Notices to you will be sent to the email address associated with your Account. Notices are deemed given when sent by email (upon transmission) or when delivered by mail (upon receipt).

16.8 Independent Contractors

The parties are independent contractors. Nothing in these Terms creates a partnership, joint venture, employment, or agency relationship.

16.9 No Third-Party Beneficiaries

These Terms do not confer any rights on any third party, except as expressly stated herein.

17. Contact Us

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