Terms of Service

These Terms of Service ("Terms") are an agreement between you and AgentSend ("AgentSend", "we", "us"). They govern your use of the AgentSend website, dashboard, REST API, MCP server, and CLI (together, the "Service"). By creating an account or using the Service, you agree to these Terms.

If you use the Service for an organization, you agree on its behalf and confirm you have authority to do so; "you" then means that organization. You must be at least 18 years old.

Our Acceptable Use Policy is part of these Terms. Our Privacy Policy explains how we handle personal data.

AgentSend lets you and the software and AI agents you authorize send transactional and marketing email from domains you verify, manage audiences and broadcasts, and receive delivery events by webhook or API. Live mail is delivered through Amazon Simple Email Service (Amazon SES).

The Service is in beta. Features, limits, and APIs may change or be withdrawn, and we will try to announce breaking API changes in advance.

New accounts run on the sandbox: every send goes through guardrails, events, webhooks, and suppression, but nothing is delivered to real recipients. Sending to real recipients requires a live-sending request, acceptance of these Terms and the Acceptable Use Policy, and our approval, which we may grant, decline, or revoke as described in the Acceptable Use Policy.

During the beta there is no service level agreement. We make no commitment on uptime, latency, delivery, or inbox placement, and we do not offer service credits.

Give us accurate account information and keep it current. Keep your password and API keys secret: don't put keys in client-side code, public repositories, or prompts and logs that others can read.

You are responsible for everything done with your account and API keys, including actions taken by teammates, contractors, scripts, and AI agents you give access to, as if you took them yourself. If a key may be exposed, revoke it in the dashboard right away and tell us at hello@agentsend.co.

The Acceptable Use Policy is incorporated into these Terms by reference. Breaking it breaks these Terms. Because live mail goes through Amazon SES, your use must also comply with the AWS Acceptable Use Policy.

You are the sender of every email you send through AgentSend. You are responsible for its content, for your recipient lists, and for having each recipient's consent where the law requires it. You confirm that you have the rights and permissions needed to send your content to your recipients, and that your sending complies with applicable law, including CAN-SPAM, the GDPR and ePrivacy rules, and CASL.

You own your content. You give us a limited license to store, process, transmit, and display it only to provide, secure, and support the Service and to enforce these Terms. We process the personal data in your email and contact data on your behalf, as described in the Privacy Policy.

AgentSend offers Free ($0), Pro ($20 per month or $200 per year), and Scale ($90 per month or $900 per year) plans. Each plan's monthly email volume, domains, contacts, and log retention are listed on the pricing page. Enterprise plans are governed by a separate written agreement.

• Payments are processed by Stripe. We never receive or store your full card number.
• Paid plans are billed in advance for each monthly or yearly period and renew automatically until you cancel. You can cancel at any time from Settings → Billing; cancellation takes effect at the end of the current period, and you keep your plan until then.
• Switching between paid plans is prorated. Otherwise, fees are non-refundable, including for partial periods, except where the law requires otherwise. Prices exclude taxes, which you are responsible for.
• Usage limits are enforced. Once you reach your plan's monthly or daily email volume, further sends are refused (plan_quota_exceeded or plan_daily_quota_exceeded) until the period resets or you upgrade. Domain and contact limits are enforced the same way.
• Overage is not billed today. Before we start billing overage, we will publish the price and give you at least 30 days' notice.
• We may change plan prices with at least 30 days' notice. A new price applies from your next renewal.

You may stop using the Service at any time. To close your account and have its data deleted, email hello@agentsend.co from the account's sign-in address.

We may suspend or terminate your access, immediately and without notice, if:

• you violate these Terms or the Acceptable Use Policy;
• your account exceeds our bounce or complaint limits;
• your sending puts our infrastructure, our domains and IP reputation, or other customers' delivery at risk;
• we suspect fraud, or a payment fails and is not resolved;
• the law or one of our providers, including Amazon Web Services, requires it.

When an account ends, its API keys stop working, it can no longer send (including scheduled email), and its data is deleted as described under Data retention. Sections that by their nature should survive termination (including content responsibility, disclaimers, limitation of liability, indemnity, and governing law) survive it.

• Email content (message bodies, headers, and attachments) and delivery events are kept for your plan's log retention period: 1 day on Free, 30 days on Pro, and 90 days on Scale, or as agreed for Enterprise. Content is then deleted and no longer available in the dashboard or API.
• Email delivery records (recipient addresses, subject, status, timestamps, and provider message IDs) are kept for the life of the account for billing, usage limits, suppression, and abuse investigations, and are deleted when you close your account.
• Suppression list entries (hard bounces, complaints, and unsubscribes) are kept for the life of the account, so suppressed recipients stay suppressed.
• Audiences, contacts, domains, webhooks, and settings are kept until you delete them or close your account.
• After you close your account, we delete its data within 30 days, except billing records and records we must keep by law, to resolve disputes, or to enforce these Terms (such as records of abuse). Backups expire on a rolling schedule.

Export anything you need through the API before it expires or before you close your account.

The Service relies on providers including Amazon Web Services, Supabase, Vercel, and Stripe, listed in the Privacy Policy. Their outages can affect the Service, and we are not responsible for failures outside our reasonable control. You are responsible for the systems you connect to AgentSend, such as your webhook endpoints.

The Service is provided "as is" and "as available". To the fullest extent the law allows, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement.

We do not guarantee that any email will be delivered, reach the inbox, or arrive on time, or that the Service will be uninterrupted or error-free. Guardrails are a safety aid, not a legal review: they do not catch every mistake, and passing them does not mean an email complies with the law or the Acceptable Use Policy.

To the fullest extent the law allows, AgentSend will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for lost profits, revenue, data, or goodwill, arising out of or relating to these Terms or the Service, even if we were told they were possible.

Our total liability for all claims arising out of or relating to these Terms or the Service is limited to the greater of the amount you paid us in the 12 months before the event giving rise to the claim and US$100. These limits do not apply where the law does not allow them.

You will defend, indemnify, and hold harmless AgentSend from any third-party claim, and the resulting losses, damages, fines, and costs (including reasonable legal fees), arising out of your content, your recipient lists and sending, your breach of these Terms or the Acceptable Use Policy, your violation of law, or the use of your account or API keys by anyone you gave access to.

These Terms are governed by the laws of the State of New York, without regard to its conflict-of-laws rules. Any dispute arising out of or relating to these Terms or the Service will be brought exclusively in the state or federal courts located in New York County, New York, and both parties consent to their jurisdiction.

We may update these Terms. The date at the top of this page shows the latest version. We announce material changes by email or in the dashboard at least 14 days before they take effect, except changes required by law or needed to stop abuse, which can take effect immediately. Continuing to use the Service after a change takes effect means you accept it. A live-sending request records the version you accepted, and we may ask you to accept a new version to keep live sending.

These Terms, with the Acceptable Use Policy and any plan or order terms, are the entire agreement between you and AgentSend about the Service. If a provision is unenforceable, the rest remain in effect. Not enforcing a provision is not a waiver of it. You may not assign these Terms without our consent; we may assign them, including to a legal entity formed to operate AgentSend or in a merger or acquisition. We send notices to your account's sign-in email address.

Questions about these Terms: hello@agentsend.co. Abuse reports: abuse@agentsend.co.