Terms of Service
These Terms of Service (“Terms”) govern your access to and use of sendpebble(the “Service”), operated by First Commit LLC(“we,” “us,” or “our”). By creating an account or using the Service, you agree to these Terms and our Privacy Policy.
1. The service
2. Eligibility
3. Accounts
- You are responsible for keeping your account credentials secret and for all activity that occurs under your account.
- You must provide accurate, complete information when signing up and keep it current.
- Notify us immediately if you suspect unauthorized access to your account.
4. Subscriptions, billing & cancellation
- The Service is offered on Free, Starter, Growth, and Scale plans. Paid plans are billed monthly or yearly through Stripe in USD, plus applicable taxes.
- Subscriptions auto-renew at the end of each billing period unless cancelled. You can cancel any time from Settings → Billing or via the Stripe customer portal. Cancellation takes effect at the end of the current billing period; you retain access until then.
- When a paid plan ends, your workspace is moved to the Free plan. Your data is preserved; Free-plan limits apply going forward.
- We hard-cap usage at plan limits rather than charging overage fees. If you exceed a cap, sends pause until you upgrade or the next billing period begins.
- We may change pricing with at least 30 days’ notice. Price changes take effect at your next renewal.
5. Acceptable use
- Send unsolicited bulk email (spam). Every recipient on a journey must have opted in to hear from you, opted in to your category of outreach, or be a permissible business-to-business cold-outreach recipient under applicable law (including CAN-SPAM, CASL, GDPR, and the laws of the recipient’s jurisdiction).
- Send email to purchased, rented, scraped, or otherwise harvested lists. This is grounds for immediate termination.
- Send unlawful, harassing, defamatory, deceptive, fraudulent, obscene, or threatening content; content that infringes any intellectual-property right; or content that violates any applicable law or regulation.
- Impersonate any person or entity, or misrepresent your affiliation with one.
- Send phishing, malware, or other content that attempts to compromise recipients or their accounts.
- Attempt to disable, interfere with, scrape, reverse-engineer, or circumvent any technical limit on the Service.
- Use the Service in violation of the terms of service of Google, Microsoft, or any other mailbox provider connected to your account.
6. Mailbox & sending limits
7. Suspension & termination
We may suspend or terminate your access to the Service immediately, without prior notice or refund, if we reasonably believe you have violated these Terms, are placing the Service or other users at risk, or are using the Service to send spam or other prohibited content. We will give you reasonable notice and the opportunity to export your data unless doing so would worsen the harm or violate law.
You may stop using the Service and delete your account at any time from Settings → Account.
8. Intellectual property
9. Disclaimers
10. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUES, DATA, GOODWILL, OR BUSINESS OPPORTUNITY, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE SERVICE.
OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE TWELVE MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS (USD $100).
11. Indemnification
12. Dispute resolution; arbitration; class waiver
Any dispute arising out of or relating to these Terms or the Service will be resolved by final and binding individual arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. The arbitration will be conducted in English in New York County, New York. Judgment on the award may be entered in any court of competent jurisdiction.
Class waiver. You and First Commit LLC each agree that disputes will be brought only in an individual capacity and not as a plaintiff or class member in any purported class or representative proceeding.
Either party may bring an individual action in small-claims court for disputes within its jurisdiction.
13. Governing law
14. Changes to these terms
15. Contact
Questions or notices about these Terms?
Email: legal@sendpebble.com · Phone: (646) 491-7513