Terms of Service

1. This agreement

These terms are a binding agreement between OneMoreSend ("OneMoreSend", "we", "us") and the business that opens or uses an account (the "Merchant", "you"). Whoever accepts them, clicks to agree, or uses the service confirms they are at least 18 and authorised to bind that business. If you do not agree, do not use the service.

The service is for businesses only. It is not offered to consumers, and nothing in it is a consumer contract.

The Acceptable Use Policy, the Privacy Policy, the SMS terms, the Billing, Cancellation and Refund Policy, any order or pricing we confirm in writing, and the data processing agreement form part of this agreement. Where they conflict, the data processing agreement wins on questions of personal data, the Acceptable Use Policy wins on what may be sent, and these terms win on everything else.

2. Who does what

OneMoreSend is a software platform. We provide tools a Merchant uses to send its own email and text messages to its own customers and subscribers ("Recipients"), and the infrastructure that carries them.

The Merchant is the sender of every message. The Merchant decides who is messaged, what the message says, what it promotes, and when it goes, whether it sends a campaign by hand or switches on an automation that sends when a Recipient does something. Each message is sent by and on behalf of the Merchant, under the Merchant's name, for the Merchant's benefit. For the purposes of the Telephone Consumer Protection Act, the CAN-SPAM Act, the Telemarketing Sales Rule, state telemarketing and messaging laws, and carrier rules, the Merchant is the party that initiates, makes, and sends the message. We transmit it at the Merchant's direction.

The Merchant is the seller of everything it promotes. We do not make, sell, buy, stock, ship, price, recommend, or endorse any Merchant's products or services. We are not a party to any sale between a Merchant and a Recipient, we never take title to goods, and we do not handle Recipients' orders, payments, refunds, or complaints about products.

We are an independent contractor. Nothing in this agreement makes us the Merchant's agent, partner, joint venturer, employee, or franchisee, or gives either of us authority to bind the other.

3. Restricted and regulated products

Some Merchants sell products that are restricted or regulated, including research compounds, peptides, supplements, and other categories listed in the Acceptable Use Policy. If you do, you alone are responsible for:

• Deciding whether each product may lawfully be marketed, sold, and shipped where you sell it, under federal, state, and local law, including the rules of the FDA, FTC, DEA, and state attorneys general and pharmacy boards.
• Every label, description, and claim about your products, including any statement that a product is for research use only or not for human consumption. Those are your representations, not ours, and we do not verify them.
• Any licence, registration, age check, or record-keeping your products require.
• Every claim in your messages about what a product does, and having competent and reliable evidence for it before you send.

When we approve a category, register a campaign, or let a message go out, we are deciding only whether the platform will carry your traffic. It is not a judgement that your products, your claims, or your business are lawful, and you may not rely on it as one or describe it to anyone as an approval or endorsement.

4. Messaging law is the Merchant's responsibility

You are solely responsible for every message you send complying with every law, regulation, and industry rule that applies to it, including the TCPA and FCC rules, the CAN-SPAM Act, the Telemarketing Sales Rule, state laws such as the Florida Telephone Solicitation Act and Oklahoma Telephone Solicitation Act, the CTIA Messaging Principles and Best Practices, mobile carrier codes of conduct, The Campaign Registry's rules, and privacy and anti-spam laws outside the United States where your Recipients are. In particular, you must:

• Get each Recipient's prior express written consent before sending marketing texts, and their consent before sending marketing email, in the form the law requires, and keep a record that proves it, including the date, time, source, and wording of each consent.
• Scrub your contacts against the National Do Not Call Registry, every applicable state do-not-call list, and your own internal do-not-call list, unless you have consent or an exemption the law recognises.
• Honour every opt-out, made by any reasonable means, within the time the law allows, and never message that person again on that channel unless they opt back in.
• Send only at lawful times in the Recipient's local time zone, and respect message frequency you disclosed.
• Identify your business in every message, give a working way to stop and to get help, and include whatever disclosures your messages and products require.
• Keep your own terms and privacy policy, on your own website, that tell Recipients how you use their data and that mobile numbers are not shared with third parties for their marketing.
• Give us, and keep current, accurate information about your business for carrier registration. The brand, campaign, sample messages, and opt-in description registered for you are your statements to the carriers.

Recipients' questions, complaints, demands, and claims about messages they received belong with the Merchant that sent them. If one reaches us, we may pass it to you and tell the Recipient to contact you, and you must deal with it promptly.

5. Compliance tools are not compliance

The platform includes features that help with compliance: STOP and HELP handling, opt-out suppression, sending windows, consent capture forms and records, brand names added to texts, link and content checks, templates, sample messages, prefilled registration text, and suggestions written by us or generated by AI. They are conveniences. They do not make your messages lawful, they may not suit your business or every jurisdiction, and they can fail.

Anything we draft or suggest for you, including copy, templates, and registration answers, becomes yours the moment you use it. You must review it and you adopt it as your own statement. We do not give legal advice, and nothing we say, write, or build is legal advice. Get your own lawyer's advice on your messaging and your products.

6. Your account

Keep your credentials private and tell us promptly if you think someone else has them. You are responsible for everything done under your account, including by your staff, contractors, or an agency acting for you.

The information you give us must be accurate and kept current, in particular your registered legal name, EIN, and postal address. We put your address in the footer of your email because the law requires it, and carriers check your details against public records. If they are wrong, your messages may be unlawful or blocked, and that is your responsibility.

7. Your data and your contacts

Your contacts and content remain yours. You grant us the licence we need to run the service for you: to store, process, transmit, and display that material so the platform can do what you ask. That licence ends when your data is deleted.

You confirm that you have the right to give us every contact you upload, import, or connect, that each of them consented as the law and the Acceptable Use Policy require, and that you can produce evidence of it. When you import a list you are making that statement about every person on it. We act as a processor for contact data, you remain the controller, and the data processing agreement governs.

We may use aggregated, de-identified information about how the platform performs to operate and improve it. It never identifies you or your contacts and is never sold.

8. What you may send

The Acceptable Use Policy governs. Purchased, rented, scraped, and appended lists are prohibited, and uploading one is a material breach. Categories the mobile carriers bar from text messaging may not be texted at all, whatever the individual message says.

We do not review your messages before they go out and we are not responsible for their content. We may review them afterwards, and we may refuse, hold, or stop any send.

9. Suspension and carrier action

Sending is shared infrastructure. We may pause a campaign or automation, restrict a channel, require you to re-permission a list, hold a send for review, or suspend the account, immediately and without notice, if we believe in good faith that your sending breaches this agreement or the law, risks harm to Recipients, other customers, or our providers, or has drawn complaints or attention from a carrier, provider, or regulator.

Carriers, mailbox providers, and the registry can filter, block, delay, or reject messages, refuse or revoke registrations, and impose fees, on their own decision. We do not control them and are not responsible for what they do. None of these controls or actions is a failure of the service, and none entitles you to a refund or credit.

10. Fees and pass-through charges

Fees are those quoted to you in writing or shown at checkout, and are charged in advance. OneMoreSend is the seller and appears on your statement; payments are processed by Stripe, or for some older plans by Whop. Monthly plans renew automatically every month at the price you agreed until you cancel. Unless we say otherwise, fees exclude tax and are not refundable, including for a period you have already begun. The Billing, Cancellation and Refund Policy sets out how charges, renewals, cancellations, and refunds work, and forms part of this agreement.

Texts on the current public plans are prepaid credits. One SMS is one credit. One MMS, a picture or GIF, is three credits. Larger packs cost less per credit, and credits stay on the account until used. Paying three months of an email plan in advance waives the setup fee. A written quote, or a plan you already pay, can set a different rate. Where that quote bills per segment, a segment is up to 160 characters, or fewer when a text contains emoji or special characters, a longer text is billed as several segments, and usage is billed in arrears after each campaign and at least monthly for automations. You authorise those charges in advance, and our sending records are the basis for them. The SMS terms describe the per-segment rate.

You also pay, at cost, every third-party charge that arises from your use of the service, including carrier and registry registration, vetting, and campaign fees, and any fine, penalty, surcharge, or chargeback that a carrier, registry, messaging or email provider, or regulator charges us or our providers because of your traffic or registration, together with our reasonable costs of dealing with it. You authorise us to charge those amounts to your payment method on file, and you will pay any we cannot collect within fifteen days of our invoice.

If payment fails we may suspend sending until it is settled. Your data stays where it is meanwhile. Overdue amounts accrue interest at 1.5% a month, or the highest rate the law allows if lower, and you pay our reasonable costs of collecting them, including attorneys' fees. We may set off amounts you owe, including fines, chargebacks, and indemnity amounts, against anything we owe you.

Talk to us before disputing a charge with your bank or card issuer. A chargeback or payment dispute over fees you validly owe is a material breach: we may suspend or end the account and recover the disputed amount with any fees and costs it causes.

11. Investigations and records

If a Recipient, carrier, provider, court, or regulator asks about your messages, you will cooperate fully and promptly, and give us the consent records and other information we reasonably ask for within two business days. We may give your account information, message records, and consent records to a carrier, provider, court, or regulator where we are asked to or believe it is required, and we may keep records needed to defend a claim for as long as the claim could be brought.

12. Ending the agreement

You may cancel at any time from Settings → Manage billing in the dashboard, or by emailing hello@onemoresend.com, effective at the end of the period you have paid for. Either of us may end the agreement on thirty days' written notice. We may end it immediately, without refund, if you breach it, do not pay, or if we must to obey the law, a carrier, or a provider.

You can export your contacts while the account is open. After it closes we keep your data for thirty days so you can retrieve it, then delete it, except what the law requires us to keep or we need to defend a claim. Sections on who does what, restricted products, messaging law, compliance tools, fees owed, investigations, disclaimers, indemnity, limitation of liability, and disputes survive the end of the agreement.

13. Disclaimers

To the fullest extent the law allows, the service, and everything we provide with it, including compliance features, templates, drafts, and suggestions, is provided "as is" and "as available". We disclaim all warranties, express, implied, or statutory, including merchantability, fitness for a particular purpose, title, non-infringement, and that the service will be uninterrupted, error-free, secure, or that any message will be delivered, delivered on time, or comply with any law. We make no representation that your use of the service complies with the TCPA or any other law; that is your responsibility alone. We do not promise any delivery, open, click, or revenue outcome.

14. Indemnity

You will defend, indemnify, and hold harmless OneMoreSend, its affiliates, and their officers, directors, employees, contractors, and service providers, including our messaging and email providers, carriers, and aggregators (the "OneMoreSend Parties"), from and against every claim, demand, suit, arbitration, investigation, or proceeding brought by a third party, including a Recipient, a class of Recipients, a carrier, a provider, or a regulator, and every resulting loss, damage, statutory damage, award, settlement, fine, penalty, fee, and cost, including reasonable attorneys' and experts' fees, that arises out of or relates to:

• any message sent through your account, or its content, timing, or recipients;
• your products or services, including their manufacture, labelling, marketing, sale, shipping, use, or legality;
• any contact you did not have the right or the consent to message, or any opt-out you did not honour;
• your actual or alleged violation of the TCPA, the CAN-SPAM Act, the Telemarketing Sales Rule, any state telemarketing, "mini-TCPA", messaging, privacy, or consumer protection law, any do-not-call rule, or any carrier or registry rule, including statutory damages per message and claims brought as a class;
• information you gave us or a carrier, including your registration details;
• your data, your website, your forms, and your own terms and privacy policy; or
• your breach of this agreement or the Acceptable Use Policy.

We will tell you about a claim promptly, though a delay only reduces your obligation to the extent it harms you. You will control the defence with counsel we reasonably accept. We may take part with our own counsel at our own cost, and may take over the defence at your cost if you do not defend it diligently. You may not settle a claim in a way that admits fault for, or imposes any obligation on, a OneMoreSend Party without our written consent.

15. Limitation of liability

To the fullest extent the law allows, no OneMoreSend Party is liable to you for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, revenue, sales, data, goodwill, or business opportunity, or for any fine or penalty imposed on you, however caused and even if we were told they were possible. The OneMoreSend Parties' total liability arising out of or relating to this agreement or the service, on any theory, is limited to the greater of the fees you paid us in the twelve months before the event giving rise to the claim, or one hundred US dollars.

No OneMoreSend Party has any liability for any claim, damages, fine, or penalty arising from or relating to your messages, your contacts, your consent and opt-out practices, or your actual or alleged violation of the TCPA, the Telemarketing Sales Rule, the CAN-SPAM Act, any state telemarketing or messaging law, or any do-not-call rule. Those claims are yours alone.

These limits are part of the price and allocate risk between us. They do not limit your obligations to pay fees and charges or to indemnify us, or any liability that cannot lawfully be limited.

16. Disputes

Before starting any proceeding, the party with a complaint will send a written description of it, and we will both try in good faith to resolve it for thirty days.

Any dispute that is not resolved will be settled by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, before one arbitrator, seated in the State of Florida, United States. Judgment on the award may be entered in any court with jurisdiction. Either of us may instead bring an individual claim in small claims court, and either of us may ask a court for urgent injunctive relief to stop abuse of the service or misuse of confidential information or intellectual property.

Claims may be brought only in an individual capacity, not as a plaintiff or class member in any class, collective, consolidated, or representative proceeding, and each of us waives the right to a jury trial.

A claim against a OneMoreSend Party must be brought within one year after it arose, or it is barred.

In any proceeding to enforce or interpret this agreement, the prevailing party may recover its reasonable attorneys' fees, expert fees, and costs.

17. Everything else

We may change these terms. Material changes are announced to account holders at least thirty days before they take effect, except where a change is needed sooner to stay lawful or to meet a carrier or provider requirement, and continuing to use the service after that means you accept them.

This agreement is governed by the laws of the State of Florida, United States, without regard to conflict-of-laws rules. Subject to the arbitration section, the courts there have exclusive jurisdiction. Neither of us is liable for delay caused by events beyond our reasonable control, including carrier or provider outages and changes in carrier rules. You may not transfer this agreement without our consent; we may transfer it to a successor of the business. If a provision is unenforceable, it is enforced to the maximum extent allowed and the rest survives. Our failure to enforce something is not a waiver. This agreement is the whole agreement between us about the service and replaces anything said before. Notices to you go to the account email; notices to us go to hello@onemoresend.com.

18. How to reach us

Write to hello@onemoresend.com for general questions, privacy@onemoresend.com about personal data, and abuse@onemoresend.com to report abuse of the platform.