Terms of Service

1. This agreement

These Terms of Service ("Terms") are a binding agreement between you — either as an individual or as the entity you represent ("you", "Customer") — and Voff Digital LLC, a Florida limited liability company ("we", "us", "Sendwax"). They govern your access to and use of the Sendwax platform, API, dashboard, documentation and related services (together, the "Service").

By creating an account, sending through the Service, or otherwise using it, you accept these Terms. If you are agreeing on behalf of an organisation, you represent that you have authority to bind it. If you do not accept these Terms, do not use the Service.

2. Definitions

Workspace	The account container that owns your domains, API keys, templates, contacts and sending history.
Customer Data	Everything you submit to the Service: recipient addresses, message content, template content, contact attributes and metadata.
Recipient	A person or address you send to through the Service.
Sending Domain	A domain you have added and authenticated for sending.

3. Accounts and eligibility

You must be at least 18 years old and legally able to enter a contract. You are responsible for the accuracy of your account details, for everything done under your Workspace, and for keeping your credentials and API keys secret.

API keys are shown once, at creation. We store only a hash and cannot recover a lost key — issue a new one and revoke the old. Tell us at hello@voff.digital promptly if you believe a key or account has been compromised.

4. Acceptable use

You may only send mail to recipients who have given you permission to email them. You must be able to show, on request, where and when that permission was obtained.

4.1 You may not

• Send unsolicited bulk email, or mail to purchased, rented, scraped, appended or otherwise harvested lists.
• Send mail that is deceptive as to its origin — falsifying headers, the From identity, or the return path.
• Impersonate any person or organisation, or send phishing, credential-harvesting or fraudulent content.
• Distribute malware, or link to content that does.
• Send content that is unlawful, defamatory, harassing, or that infringes anyone's intellectual property or privacy rights.
• Send on behalf of a third party in a way that hides who is actually sending, or resell raw sending capacity without our written agreement.
• Remove, disable, obscure or fail to honour unsubscribe mechanisms.
• Attempt to circumvent sending limits, suppression lists, rate limits, or any technical or contractual restriction of the Service.
• Probe, scan or test the security of the Service except as permitted by our security policy.

4.2 Compliance is yours

You are responsible for complying with the law that applies to your sending — including the US CAN-SPAM Act, Canada's CASL, the EU GDPR and ePrivacy rules, and any equivalent regime covering your recipients. Sendwax provides mechanisms — domain authentication, one-click unsubscribe, suppression lists, consent records — but using them correctly is your obligation, not ours.

4.3 Suppression and unsubscribes

The Service maintains suppression lists from bounces, complaints and unsubscribes. You must not send to a suppressed address through any other channel in a way that circumvents that suppression, and you must not re-add an address that unsubscribed unless that person has asked to be resubscribed.

5. Sending requirements

• Domain authentication. You must authenticate a Sending Domain (SPF, DKIM and, where applicable, DMARC) before sending from it. We may refuse to send from a domain that fails authentication.
• Volume. Your plan carries a monthly allowance and an abuse ceiling. We may throttle or queue sending that exceeds them.
• Reputation. We may reduce your limits, pause sending, or require remediation if your bounce or complaint rates threaten the deliverability of the platform.

6. Plans, billing and refunds

Paid plans are monthly volume tiers, billed in advance through our payment processor. Subscriptions renew automatically each month until cancelled. You can change or cancel your plan from the billing page in your dashboard.

• Fees are stated in US dollars and exclude any taxes, which are your responsibility unless we state otherwise.
• Cancelling stops the next renewal. Access continues to the end of the paid period.
• Payments are non-refundable except where required by law, or where we choose to make an exception in writing.
• If a payment fails, we may suspend sending until it is resolved.
• We may change pricing with at least 30 days' notice before it affects your next renewal.

7. Your data

Customer Data is yours. You grant us only the licence needed to operate the Service for you: to transmit, store, process and display that data in order to send your mail, show your history and provide support.

For personal data contained in Customer Data, you are the controller and we act as your processor. How we handle it is described in the Privacy Policy. If you need a data processing agreement, contact hello@voff.digital.

We retain sending metadata and suppression records after account closure where we need them to meet our own legal and anti-abuse obligations. Suppression records in particular are kept so that a closed account cannot be used to erase an unsubscribe.

8. Availability and support

We work to keep the Service available and will give reasonable notice of planned maintenance where we can. The Service is provided without a contractual uptime guarantee unless we have separately agreed one with you in writing. Email delivery depends on receiving mail systems we do not control, and we do not guarantee that any individual message will be accepted or placed in an inbox.

9. Suspension and termination

You may stop using the Service and close your Workspace at any time.

We may suspend or terminate access, in whole or in part, if you materially breach these Terms, if your sending puts platform deliverability or another customer at risk, if we are required to by law, or if your account is used for the conduct described in section 4. Where the circumstances allow it, we will tell you what is wrong and give you a chance to fix it first; where sending is actively causing harm, we may suspend immediately and explain afterwards.

On termination, your right to use the Service ends. Sections 7, 10, 11, 12 and 14 survive.

10. Intellectual property

The Service — its software, design, documentation and brand — belongs to us and our licensors. These Terms grant you a limited, non-exclusive, non-transferable right to use the Service while this agreement is in force, and nothing more. You may not copy, modify, reverse engineer or create derivative works from the Service except to the extent that restriction is unenforceable under applicable law.

11. Disclaimers

To the fullest extent permitted by law, the Service is provided "as is" and "as available", without warranties of any kind, whether express, implied or statutory, including any implied warranty of merchantability, fitness for a particular purpose, title or non-infringement. We do not warrant that the Service will be uninterrupted, error free, or that it will deliver any particular message.

12. Limitation of liability

To the fullest extent permitted by law, neither party is liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue, goodwill or data, even if advised such damages were possible.

Our total aggregate liability arising out of or relating to these Terms or the Service is limited to the greater of (a) the amount you paid us for the Service in the twelve months before the event giving rise to the claim, or (b) one hundred US dollars (US$100).

Some jurisdictions do not allow certain limitations, in which case the limitations above apply to the maximum extent permitted.

13. Indemnification

You will defend, indemnify and hold us harmless from any third-party claim, and from any resulting losses, damages, fines and reasonable legal fees, arising out of your Customer Data, your sending, or your breach of these Terms — including claims brought by a recipient or by a regulator in respect of mail you sent.

14. Changes to these Terms

We may update these Terms. If a change is material, we will give notice by email or in the dashboard before it takes effect. Continuing to use the Service after a change takes effect means you accept the updated Terms. The "Effective" date at the top of this page tells you when this version was published.

15. Governing law and disputes

These Terms are governed by the laws of the State of Florida, United States, without regard to its conflict of laws rules. The state and federal courts located in Florida have exclusive jurisdiction over any dispute arising out of these Terms, and both parties consent to that venue. The UN Convention on Contracts for the International Sale of Goods does not apply.

16. General

• Entire agreement. These Terms, with the Privacy Policy, are the whole agreement between us on this subject.
• Severability. If a provision is unenforceable, the rest stays in force.
• No waiver. Not enforcing a provision once does not waive it.
• Assignment. You may not assign these Terms without our written consent. We may assign them to a successor in connection with a merger, acquisition or sale of assets.
• Force majeure. Neither party is liable for delay or failure caused by events beyond its reasonable control.

17. Contact

Questions about these Terms: hello@voff.digital, or via the contact page.

Voff Digital LLC
State of Florida, United States

For formal notice under these Terms, write to hello@voff.digital and we will provide our registered postal address for service.