Terms of Service

These terms are an agreement between you and Emerald Send for using our website, app, API and MCP server (the “service”). If you use the service for a company, you accept them for that company and confirm you can bind it. If you don’t agree, don’t use the service.

Our Privacy Policy explains how we handle personal information and is part of these terms.

• You need an account to use the app, and the information you give us must be accurate. Keep your sign-in secure; you are responsible for activity in your account.
• A workspace’s owner controls it, including billing, members and their roles. The owner is responsible for what members, API keys and connected AI assistants do in it.
• You must be at least 18 and using the service for business purposes.

• The free trial lasts 14 days and needs no card. When it ends, sending and warmup pause until you choose a plan.
• Plans are billed monthly or annually in advance, at the prices on our pricing page. Google inboxes are billed monthly per inbox, and domains yearly per domain. The first inbox month is prorated.
• Subscriptions renew automatically until canceled. You can cancel at any time; it takes effect at the end of the current billing period, and fees already paid are not refunded except where these terms or the law say otherwise.
• If a payment fails, the workspace becomes past due. After 7 days sending pauses, and after 21 days the workspace may be suspended until the balance is paid.
• Prices exclude taxes, which we add where required. We may change prices with at least 30 days’ notice; changes apply from your next billing period.

• Domains and Google Workspace accounts bought through Emerald Send are registered to and administered by Emerald Send for your exclusive use inside the service. They can’t be transferred out.
• Google inboxes are Google Workspace accounts provided through Google’s reseller program, and Google’s terms for Workspace apply to their use.
• Domains renew automatically each year while they have active inboxes. When a domain has no active inboxes, renewal turns off and it lapses at the end of its term.
• Canceling an inbox stops it immediately. You can restore it within 24 hours; after that it is permanently deleted.
• If a domain can’t be registered after you pay, or an inbox can’t be set up, we refund that item automatically.
• Google or Microsoft may suspend accounts that break their policies. If our review finds a suspension was not caused by a breach of these terms, we replace the inbox at no charge.

• Credits pay for Lead Finder reveals and email verification. Plans include monthly credits, and you can buy more in packs.
• A reveal is charged only when it returns a valid email new to your workspace; anything not found or invalid is refunded to your balance.
• Credits have no cash value and can’t be transferred or refunded, except where the law requires.
• Lead Finder data comes from third-party providers and is provided as is. We don’t guarantee it is complete or accurate. You may use it only for your own outreach, in compliance with the law, and may not resell or redistribute it.

Cold email is legal when done responsibly. You are responsible for every email sent from your workspace, and you agree to:

• Follow the laws that apply to your emails and recipients, such as CAN-SPAM in the US, GDPR and PECR in the UK and EU, and CASL in Canada, including having a lawful basis to contact each recipient.
• Identify yourself honestly: accurate sender names and From addresses, subject lines that aren’t misleading, and your real physical address in the email footer.
• Honor unsubscribes and opt-outs promptly, and keep the unsubscribe link and headers we add.

You may not use the service to:

• Send phishing, malware, scams, deceptive or fraudulent content, or impersonate anyone.
• Promote illegal products or services, or send harassing, hateful or sexually explicit content.
• Email people who have opted out, or use lists you aren’t permitted to use.
• Get around sending limits, warmup rules or deliverability safeguards, or misuse the warmup network.
• Break Google’s or Microsoft’s policies for the accounts you use, or interfere with the service or other customers.

To protect recipients, other customers and our infrastructure, we may pause campaigns or inboxes automatically (for example when bounce or complaint rates are too high) and may suspend workspaces that break these rules.

You own the content you put into the service: leads, lists, emails, templates and settings. You give us permission to host, process and transmit it only to provide and secure the service for you.

You confirm you have the rights and lawful basis to upload leads and contact them. We process recipients’ personal information on your behalf and according to your instructions, as described in the Privacy Policy.

• When you connect a Google, Microsoft or SMTP mailbox, you authorize us to send, read and organize email in it as needed to run your campaigns, warmup and Unibox. You can disconnect it at any time.
• When you connect an AI assistant through our MCP server, it acts as you, with your permissions. Actions that cost money require your approval of a quote, but you are responsible for what you ask the assistant to do and what you approve.
• API keys and connections are subject to rate limits. Keep your keys secret and revoke any that may be exposed.
• AI features can produce inaccurate text or labels. Review drafts before you send them.

The service relies on providers such as Google, Microsoft, Stripe and domain registrars. Their terms apply to your use of their products, and we aren’t responsible for their outages or decisions, such as an account suspension by Google.

We work hard on deliverability, but inbox placement depends on recipients, mailbox providers and your content and sending habits. We don’t guarantee that emails reach the inbox, or any number of opens, replies or meetings.

• You can stop using the service and delete your workspace at any time. Deleted workspace data is permanently erased after 30 days.
• We may suspend or end your access if you materially break these terms, don’t pay, or create a risk to recipients, other customers or the service. Where we reasonably can, we will warn you first and give you a chance to fix it.
• If your plan ends, sending and warmup pause and your inboxes are kept for 30 days so you can resume.

The service is provided “as is” and “as available”. To the extent the law allows, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose and non-infringement, and we don’t promise the service will be uninterrupted or error-free.

To the extent the law allows, neither party is liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue or data. Our total liability for any claim relating to the service is limited to the fees you paid us in the 12 months before the claim arose. These limits don’t apply to your payment obligations or your obligations under “Indemnity”.

You will defend and indemnify Emerald Send against claims, fines and costs arising from the emails you send, the data you upload, or your breach of these terms or the law.

These terms are governed by the laws of the State of Utah, USA, without regard to conflict-of-law rules. Disputes will be resolved in the state and federal courts located in Utah, and both parties consent to their jurisdiction.

We may update these terms. We will post the new version here and update the date at the top; for material changes we will email account owners at least 30 days before they take effect. Using the service after that means you accept the updated terms.

Questions about these terms: support@emeraldsend.com.