Terms of Service

Last updated: January 2025

Welcome to MergeDesk. These Terms of Service ("Terms") govern your use of our email marketing platform and services provided by Send-It Network ("we," "us," or "our").

1. Acceptance of Terms

By accessing or using MergeDesk, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our services.

2. Description of Service

MergeDesk is an email marketing platform that allows users to:

3. User Accounts

3.1 Account Creation

To use MergeDesk, you must create an account and provide accurate, complete information. You are responsible for maintaining the security of your account credentials.

3.2 Account Responsibilities

You are responsible for:

4. Acceptable Use

4.1 Permitted Uses

You may use MergeDesk for legitimate business purposes, including:

4.2 Prohibited Uses

You may not use MergeDesk to:

5. Email Marketing Compliance

5.1 Legal Compliance

You must comply with all applicable email marketing laws, including:

5.2 Consent Requirements

You must obtain proper consent before sending marketing emails, including:

6. Data and Privacy

6.1 Data Collection

We collect and process data as described in our Privacy Policy. By using MergeDesk, you consent to our data practices.

6.2 Data Security

We implement reasonable security measures to protect your data, but cannot guarantee absolute security.

6.3 Data Retention

We retain data as necessary to provide our services and comply with legal obligations.

7. Intellectual Property

7.1 Our Rights

MergeDesk and its content are owned by Send-It Network and protected by intellectual property laws.

7.2 Your Rights

You retain ownership of content you create using MergeDesk, but grant us a license to use it to provide our services.

8. Payment and Billing

8.1 Fees

Service fees are based on your selected plan and usage. All fees are non-refundable unless otherwise stated.

8.2 Payment Terms

Payment is due according to your billing cycle. We may suspend services for non-payment.

9. Service Availability

We strive to maintain high service availability but cannot guarantee 100% uptime. We may perform maintenance that temporarily affects service availability.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SEND-IT NETWORK SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, OR USE.

11. Indemnification

You agree to indemnify and hold harmless Send-It Network from any claims, damages, or expenses arising from your use of MergeDesk or violation of these Terms.

12. Termination

12.1 Termination by You

You may terminate your account at any time by contacting our support team.

12.2 Termination by Us

We may terminate or suspend your account for violations of these Terms or for any reason with notice.

12.3 Effect of Termination

Upon termination, your access to MergeDesk will cease, and we may delete your data after a reasonable period.

13. Changes to Terms

We may modify these Terms at any time. We will notify you of material changes via email or through the service. Continued use constitutes acceptance of modified Terms.

14. Governing Law

These Terms are governed by the laws of [Jurisdiction] without regard to conflict of law principles.

15. Contact Information

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

16. Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force and effect.

17. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Send-It Network regarding MergeDesk.