Terms of Service

1. Agreement to terms

These Terms of Service ("Terms") govern your access to and use of Smart Cadence (the "Service"), operated by Smart Cadence ("we", "us", or "our"), available at smartcadence.app and app.smartcadence.app. By creating an account or using the Service, you agree to be bound by these Terms.

If you are using the Service on behalf of an organization, you represent that you have authority to bind that organization, and "you" refers to that organization.

2. The Service

Smart Cadence is an email scheduling and outreach platform. It plans and paces email sends across the providers and mailboxes you connect (including Mailgun, Postmark, and Gmail), manages templates and sequences, captures replies, and provides analytics and list-hygiene tooling.

We may add, change, or remove features at any time. We will make reasonable efforts to notify you of material changes that affect how you use the Service.

3. Accounts and eligibility

You must provide accurate information when registering and keep it current. You are responsible for safeguarding your account credentials and for all activity that occurs under your account.

You must be at least 18 years old and capable of forming a binding contract to use the Service.

4. Acceptable use

You agree to use the Service only to send email to recipients from whom you have a lawful basis to contact, and to comply with all applicable laws, including the CAN-SPAM Act, CASL, GDPR, and any other anti-spam and data-protection laws that apply to you.

You will not use the Service to send unsolicited bulk email in violation of law, to send unlawful, deceptive, harassing, or infringing content, to bypass any sending limits or deliverability safeguards, or to send to recipients who have unsubscribed or been suppressed.

You are solely responsible for the content of every message you send and for honoring opt-out requests promptly.

5. Third-party providers

The Service connects to third-party email providers and inboxes on your behalf. Your use of those providers remains subject to their own terms and policies. You are responsible for maintaining your own accounts and authorizations with them, and we are not liable for their availability, actions, or any suspension of your accounts with them.

6. Your content and data

You retain all rights to the contacts, templates, messages, and other data you provide ("Your Content"). You grant us a limited license to process Your Content solely to operate and improve the Service for you.

You represent that you have all rights and consents necessary for us to process Your Content, including any personal data of your recipients.

7. Fees

Paid plans are billed in advance on a recurring basis and are non-refundable except where required by law. We may change pricing with prior notice. Failure to pay may result in suspension or termination of your access.

8. Termination

You may stop using the Service at any time. We may suspend or terminate your access if you breach these Terms, create risk or legal exposure for us, or use the Service in a way that harms deliverability for other users. Upon termination, your right to use the Service ends immediately.

9. Disclaimers

The Service is provided "as is" and "as available" without warranties of any kind. We do not warrant that the Service will be uninterrupted, error-free, or that any particular deliverability, open, or reply rate will be achieved.

10. Limitation of liability

To the maximum extent permitted by law, Smart Cadence will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, revenue, data, or goodwill. Our total liability for any claim arising out of these Terms or the Service will not exceed the amount you paid us in the twelve months before the claim.

11. Changes to these Terms

We may update these Terms from time to time. If we make material changes, we will update the date above and, where appropriate, notify you. Your continued use of the Service after changes take effect constitutes acceptance.

12. Contact

Questions about these Terms can be sent to legal@smartcadence.app.