Terms of Service

Effective Date: April 7, 2026

Welcome to SendScore. These Terms of Service ("Terms") govern your access to and use of the SendScore platform, including our website, applications, APIs, and related services (collectively, the "Service"). The Service is operated by SendScore ("Company," "we," "us," or "our").

By creating an account, accessing, or using the Service, you agree to be bound by these Terms. If you are using the Service on behalf of a business, you represent that you have authority to bind that entity to these Terms. If you do not agree, do not use the Service.

1. Definitions

"Account" means your registered SendScore account, including all associated data, configurations, and connected third-party integrations.

"Authorized User" means any individual you permit to access the Service under your Account.

"Customer Data" means all data imported into the Service from your connected third-party accounts (including Klaviyo and Shopify), as well as any data you manually provide.

"Proprietary Scoring System" means SendScore's proprietary algorithms, scoring formulas, signal detection logic, weighting systems, benchmarks, and analytical methodologies used to generate the Send Score and related outputs.

"Service Output" means all scores, signals, recommendations, execution actions, recovery estimates, reports, and other analytical results generated by the Service.

"Execution Actions" means modifications proposed by the Service to be applied to your connected Klaviyo account, subject to your explicit approval.

2. Account Registration and Eligibility

To use the Service, you must create an Account and provide accurate, complete, and current registration information. You must be at least 18 years old and have the legal capacity to enter into these Terms. You are responsible for maintaining the confidentiality of your Account credentials and for all activity under your Account. You must notify us immediately of any unauthorized use.

We reserve the right to suspend or terminate Accounts that contain false information or that violate these Terms.

3. Service Description

SendScore is a Klaviyo monitoring and execution platform for Shopify brands. The Service connects to your Klaviyo account and Shopify store, analyzes your email and SMS program health, generates a proprietary score (the "Send Score"), and identifies actionable signals for improvement.

Monitor Tier. Provides read-only access to your Klaviyo data, weekly scoring snapshots, signal detection, estimated revenue recovery calculations, and weekly email digests.

Autopilot Tier. Includes all Monitor features plus AI-powered execution actions that are queued for your review and require your explicit approval before any modifications are made to your Klaviyo account. SendScore never modifies your Klaviyo account automatically. Every action requires your express approval.

4. Third-Party Integrations

The Service requires you to connect your Klaviyo and Shopify accounts via OAuth or API key. By connecting these accounts, you authorize SendScore to access, retrieve, and (for Autopilot users who approve specific actions) modify data in those accounts as necessary to provide the Service.

You represent that you have the authority to grant this access and that your use of SendScore complies with the terms of service of each connected platform. SendScore is not responsible for changes to third-party APIs, outages, or access restrictions imposed by Klaviyo, Shopify, or any other third-party service.

5. Subscription, Payment, and Free Trial

5.1 Plans and Pricing

The Service is offered under paid subscription plans as described on our pricing page. Prices are subject to change with 30 days' advance notice. Changes apply at the start of your next billing cycle.

5.2 Free Trial

New accounts receive a free trial period as advertised at the time of signup. A valid payment method is required to activate the trial. If you do not cancel before the trial expires, your payment method will be charged for the selected plan.

5.3 Billing and Renewal

Subscriptions are billed monthly in advance and renew automatically. You authorize us to charge your payment method on each renewal date. All fees are quoted in U.S. dollars unless otherwise stated.

5.4 Cancellation

You may cancel your subscription at any time through your Account settings. Cancellation takes effect at the end of the current billing period. You will retain access until that date. No partial refunds are provided for unused portions of a billing period.

5.5 Refunds

All fees are non-refundable except where required by applicable law or at our sole discretion.

6. Intellectual Property and Proprietary Rights

6.1 Our Intellectual Property

The Service, including but not limited to its Proprietary Scoring System, software, code, algorithms, scoring formulas, signal detection logic, weighting methodologies, user interface designs, documentation, trademarks, trade dress, and all related intellectual property, is and remains the exclusive property of the Company. These Terms do not grant you any ownership interest in the Service.

6.2 Your Data

You retain all rights to your Customer Data. By using the Service, you grant us a limited, non-exclusive, worldwide license to access, process, store, and analyze your Customer Data solely for the purpose of providing and improving the Service. We may use anonymized and aggregated data derived from Customer Data to develop benchmarks, improve algorithms, and enhance the Service, provided that such data cannot reasonably be used to identify you or your customers.

6.3 Service Output

Service Output is generated by our Proprietary Scoring System and is licensed to you for your internal business use only. You may not resell, sublicense, publicly distribute, or commercially exploit Service Output. The underlying algorithms, formulas, and methodologies used to generate Service Output remain our exclusive intellectual property.

6.4 Feedback

If you provide feedback, suggestions, or ideas about the Service, you grant us a perpetual, irrevocable, royalty-free, worldwide license to use, modify, and incorporate such feedback into the Service without any obligation to you.

7. Prohibited Conduct

You agree that you will not, and will not permit any third party to: (a) reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code, algorithms, scoring formulas, or underlying logic of the Service or its Proprietary Scoring System; (b) scrape, crawl, harvest, or use any automated means to extract data, scores, benchmarks, or other content from the Service; (c) copy, reproduce, modify, adapt, or create derivative works based on the Service, its scoring methodologies, or any Service Output for the purpose of building a competing product or service; (d) attempt to probe, scan, or test the vulnerability of the Service or breach any security or authentication measures; (e) use the Service to transmit malware, viruses, or other harmful code; (f) share, transfer, or sublicense your Account credentials or access to any unauthorized person; (g) use the Service in any manner that violates applicable law, regulation, or the terms of any connected third-party service; (h) interfere with or disrupt the integrity or performance of the Service or its infrastructure; (i) remove, alter, or obscure any proprietary notices, labels, or marks on or within the Service; (j) benchmark, publish, or disclose performance or comparative data about the Service to any third party without our prior written consent.

8. Data Privacy and Security

8.1 Privacy Policy

Our collection, use, and protection of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Service, you consent to the practices described in the Privacy Policy.

8.2 Data Security

We implement commercially reasonable technical and organizational measures to protect Customer Data against unauthorized access, loss, or alteration. However, no system is completely secure, and we cannot guarantee absolute security.

8.3 Data Retention and Deletion

Upon Account termination, we will retain your Customer Data for 30 days to allow for reactivation or export. After this period, Customer Data will be permanently deleted, except for anonymized and aggregated data that cannot identify you. We may retain certain data as required by law or for legitimate business purposes (such as fraud prevention and audit compliance).

8.4 Subprocessors

We use third-party service providers (subprocessors) to operate the Service, including cloud hosting, payment processing, and analytics. A current list of subprocessors is available upon request. We require all subprocessors to maintain appropriate data protection standards.

9. Disclaimers and Limitation of Liability

9.1 Service Provided "As Is"

THE SERVICE, INCLUDING ALL SCORES, SIGNALS, RECOVERY ESTIMATES, RECOMMENDATIONS, AND EXECUTION ACTIONS, IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, OR NON-INFRINGEMENT.

9.2 No Guarantee of Results

The Send Score, estimated recovery revenue, and all other Service Output are analytical tools based on proprietary algorithms and industry benchmarks. They are not guarantees of performance or revenue. Actual results will vary based on many factors outside our control. You acknowledge that all business decisions based on Service Output are made at your own risk and discretion.

9.3 Execution Actions Disclaimer

While every Execution Action requires your explicit approval before being applied, we do not guarantee that approved actions will achieve the intended result. You are solely responsible for reviewing and approving any Execution Action before it is applied to your Klaviyo account.

9.4 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY'S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE TOTAL FEES PAID BY YOU TO THE COMPANY IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS OPPORTUNITY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

10. Indemnification

You agree to indemnify, defend, and hold harmless the Company, its officers, directors, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Service; (b) your breach of these Terms; (c) your violation of any law or regulation; (d) any Execution Action you approve; or (e) any dispute between you and a third party (including Klaviyo or Shopify) related to your use of the Service.

11. Confidentiality

Each party agrees to treat as confidential any non-public information disclosed by the other party that is designated as confidential or that a reasonable person would understand to be confidential. Confidential Information does not include information that: (a) is or becomes publicly available through no fault of the receiving party; (b) was known to the receiving party prior to disclosure; (c) is independently developed without use of Confidential Information; or (d) is rightfully received from a third party without restriction.

For clarity, the Proprietary Scoring System, including all algorithms, formulas, weights, benchmarks, and methodologies, constitutes the Company's Confidential Information regardless of whether it is expressly marked as such.

12. Term and Termination

12.1 Term

These Terms are effective from the date you first access or use the Service and continue until terminated in accordance with this section.

12.2 Termination by You

You may terminate your Account at any time by canceling your subscription through Account settings.

12.3 Termination by Us

We may suspend or terminate your access immediately, without prior notice, if: (a) you breach any provision of these Terms; (b) we are required to do so by law; (c) we reasonably believe your Account has been compromised; or (d) we discontinue the Service.

12.4 Effect of Termination

Upon termination: (a) your right to access the Service ceases immediately; (b) all licenses granted to you under these Terms terminate; (c) you remain liable for any fees accrued prior to termination; and (d) Sections 6 (Intellectual Property), 7 (Prohibited Conduct), 9 (Disclaimers), 10 (Indemnification), 11 (Confidentiality), and 14 (General Provisions) survive termination.

13. Modifications to Terms

We reserve the right to modify these Terms at any time. Material changes will be communicated via email to the address associated with your Account or through a prominent notice within the Service at least 30 days before they take effect. Your continued use of the Service after the effective date constitutes acceptance of the modified Terms. If you do not agree, you must discontinue use and cancel your Account.

14. General Provisions

14.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Florida, without regard to conflict of law principles.

14.2 Dispute Resolution

Any dispute arising out of or relating to these Terms or the Service shall first be submitted to good-faith negotiation for a period of 30 days. If the dispute is not resolved through negotiation, it shall be resolved by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. The arbitration shall take place in Spring Hill, Florida. Judgment on the award may be entered in any court of competent jurisdiction. Each party waives the right to participate in a class action or class-wide arbitration.

14.3 Severability

If any provision of these Terms is held to be unenforceable, the remaining provisions shall continue in full force and effect.

14.4 Entire Agreement

These Terms, together with the Privacy Policy and any order forms or service agreements, constitute the entire agreement between you and the Company regarding the Service.

14.5 Assignment

You may not assign or transfer these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets.

14.6 No Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

14.7 Force Majeure

Neither party shall be liable for any failure or delay in performance due to circumstances beyond its reasonable control, including but not limited to natural disasters, acts of government, internet or infrastructure failures, or third-party service outages.

15. Contact Information

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

SendScore
Email: info@sendscore.io
Website: www.sendscore.io