Terms of Service

1. Who we are

Sendlista is run by Brazaustra Pty Ltd (ABN 45 647 949 488), trading as Sendlista, of Back Street, Southport QLD 4216, Australia. In these terms, "we" and "us" mean Brazaustra Pty Ltd, and "you" means the person or business using Sendlista. You can reach us at contact@brazaustra.com.

2. What Sendlista does

Sendlista sends email for you from your own domain, through our website, our API or SMTP. We help you connect your domain, hand your email to the receiving mail servers, show you what happened to each email, and stop sending to addresses that bounce, complain or unsubscribe.

We work hard to get your email delivered, but the receiving service decides what happens to it. We can't promise that any email will arrive, or that it will land in the inbox and not in spam or promotions.

3. Your account

• You must be at least 18 and able to agree to these terms. If you sign up for a business, you confirm you are allowed to act for it.
• Give us true details, and keep them up to date. We confirm your email address with a PIN sent to it. One person or business should have one account, unless we agree otherwise.
• Keep your password and API keys safe. You are responsible for everything sent using your account or your keys, so tell us straight away if you think someone else has them.
• Only connect domains that you own or have permission to use.

4. How you may use it

You must follow our Acceptable Use Policy, which is part of these terms. In short: only send email the law allows you to send, to people you have a lawful reason to email. You are the sender of your emails, and you are responsible for what they say and who they go to.

5. Limits

• Each plan includes a number of emails a month. Each recipient counts as one email.
• New accounts start at 60 emails an hour, whichever plan they are on. We raise this as your sending proves itself. Paying for a plan doesn't raise it automatically.
• Marketing email, such as newsletters and offers, needs our approval first, and may use up to 75% of your hourly limit. We can decline or withdraw approval if we reasonably believe your sending puts other customers or our sending reputation at risk.
• We may also limit how much the whole service sends while we build up the reputation of a sending server, or when a mailbox provider refuses or slows email from us.
• Receipts, account emails and other messages people expect don't need this approval, though we may ask you about your sending.

6. Plans and payment

• There is a free plan and paid monthly plans. Current prices and allowances are on our website.
• Prices are in US dollars. Your bank may charge you for converting currency.
• Brazaustra Pty Ltd is registered for Australian GST. Prices include any GST that applies, and we give you an invoice for each payment. You are responsible for any other tax that applies to you where you are.
• Paid plans are charged in advance each month, and renew automatically until you cancel. Payments are handled by Stripe, and we don't see or store your full card number.
• If we change a price, we'll tell you first, so you can cancel before it applies.

7. Cancelling

You can cancel a paid plan at any time under Billing in your account. No more charges are made after that. Your plan stays until the end of the month you've paid for, then your account moves to the free plan.

8. Refunds

Our services come with guarantees that can't be excluded under the Australian Consumer Law. If we have failed to provide what we promised, you may be entitled to a remedy, which can include a refund. Please email us at contact@brazaustra.com and we'll look at it. Outside those rights, cancelling part way through a month doesn't by itself give a refund for that month, but you keep your plan until the month ends.

9. When we may pause or close an account

Shared sending servers only work if everyone on them behaves, so we may pause sending or close an account, with or without notice, if we reasonably believe it breaks these terms or the Acceptable Use Policy, puts other customers or our sending reputation at risk, or the law requires it. Some pauses are automatic, as the Acceptable Use Policy explains. Where we can, we'll tell you why and what would fix it.

You can stop using Sendlista at any time. To close your account, email us.

If we close your account because you broke these terms, we don't have to refund what you have paid, unless the law says otherwise. Sections 10 to 15 keep applying after your account closes.

10. Your content and data

Your emails and lists remain yours. You let us store and process them to run the service. Our Privacy Policy explains what we keep and for how long. Copies of what you send are kept for 14 days so you can read and resend them. Delivery records are kept after that.

You must have the right to give us your lists and content, and you are responsible for your own duties to the people on them under privacy and spam laws. Where you send personal information through Sendlista, we handle it on your behalf to provide the service. We keep backups to recover from a disaster, not as an archive for you, so please keep your own copy of anything you need.

11. Australian Consumer Law, and our liability

Nothing in these terms excludes, restricts or changes any right or remedy you have under the Australian Consumer Law or other law that can't be excluded.

Where the law lets us limit our liability for a failure to meet a consumer guarantee, it is limited to supplying the service again or paying the cost of having it supplied again. To the extent the law allows, we aren't liable for indirect or consequential loss, including lost profits or lost emails, and our total liability to you is limited to what you paid us in the 12 months before the claim.

12. Claims caused by your sending

You must cover our reasonable losses and costs, including fines and legal costs, from any claim or investigation caused by email you send, your lists or your content, or by you breaking these terms or the law. This doesn't apply to the extent we caused the loss.

13. The service, and things outside our control

• We may change, improve or stop parts of Sendlista. If a change takes away something important you have paid for, we'll tell you first, and you can cancel.
• We aim to keep Sendlista running, but it may sometimes be unavailable, including for maintenance.
• Sendlista relies on other companies, such as hosting providers and the mailbox providers that receive your email. We aren't responsible for what they do, or for anything else reasonably beyond our control, including outages, cyber attacks and a provider blocking or filtering email.

14. Changes to these terms

We may update these terms. The date at the top shows the latest version. If a change matters to you, we'll tell you by email before it applies. If you don't agree with a change, you can stop using Sendlista and cancel your plan. Using Sendlista after the change applies means you accept it.

15. Law, and general terms

These terms are governed by the law of Queensland, Australia, and the courts there can hear any dispute. This doesn't take away rights you have under the law of the place you live.

These terms, with the Acceptable Use Policy and Privacy Policy, are the whole agreement between us about Sendlista. If a court finds part of them can't be enforced, the rest still applies. If we don't enforce something straight away, we can still enforce it later. You can't transfer your account to someone else without our agreement. We can transfer this agreement if our business is sold or reorganised, as long as your rights aren't reduced.

16. Contact

Questions about these terms: contact@brazaustra.com.