1. Agreement
These Terms of Service (the "Terms") are a binding agreement between CODARI GLOBAL, LLC, a Wyoming limited liability company doing business as MillionSend ("MillionSend", "we", "us"), and the person or entity that creates an account ("you", the "Customer"). By creating an account, calling the API, or otherwise using the hosted MillionSend service (the "Service"), you accept these Terms. If you use the Service on behalf of an organization, you represent that you have authority to bind that organization.
2. The Service
The Service is a hosted platform for sending email: a sending API, SMTP relay, audience management (contacts, segments, topics), broadcasts, templates, webhooks, and a dashboard. Email is delivered through Amazon Web Services Simple Email Service (AWS SES). The Service exposes a Resend-compatible API surface; MillionSend is not affiliated with, endorsed by, or sponsored by Plus Five Five, Inc., the owner of the Resend trademark.
3. Accounts and API keys
You are responsible for the accuracy of your account information, for the security of your credentials and API keys, and for all activity under your account. API keys are secrets: do not embed them in client applications or public repositories. Notify us promptly at [email protected] if you believe a key or account has been compromised.
4. Acceptable use
You agree to all of the following when sending through the Service:
- Send only to recipients who have consented to receive your email or with whom you have an existing relationship that lawfully permits it. No purchased, rented, or scraped lists.
- Comply with applicable law wherever you send, including CAN-SPAM, CASL, the GDPR, the ePrivacy rules, and the LGPD.
- Honor unsubscribes immediately. Marketing email sent through the Service carries RFC 8058 one-click unsubscribe headers; you must not circumvent them.
- No malware, phishing, deceptive headers or sender identities, harassment, or content that is unlawful where you or your recipients are located.
- No interference with the Service: probing, overloading, or evading rate limits, quotas, or the deliverability guardrails described in Section 8.
We may suspend sending, with notice where practicable, when activity threatens the deliverability, security, or lawful operation of the platform, and we may review the specific messages that prompted it as described in Section 5.
5. Customer Content
"Customer Content" means the data you submit to the Service: email content, recipient addresses, contacts and their attributes, segments, templates, and broadcast material. You own your Customer Content. You grant us the limited rights needed to operate the Service: to store, process, transmit, and display it in order to send your email, render your dashboard, and provide support; to screen it automatically for phishing, malware, and spam; and, where that screening or a report from a mailbox provider indicates abuse, to review the specific messages concerned. Section 5 of the Privacy Policy sets out each of these accesses, what is withheld from them, how long they last, and how you are told. We do not sell Customer Content and do not use it to train machine-learning models.
You are the data controller of the personal data in your Customer Content; we process it on your instructions as a processor, as described in the Privacy Policy and the Data Processing Addendum.
6. Data protection
Where the GDPR, UK GDPR, or LGPD applies to personal data in your Customer Content, the parties will comply with their respective obligations under that law. A Data Processing Addendum (DPA) incorporating the European Commission's Standard Contractual Clauses and equivalent LGPD terms is available and, when executed, is incorporated into these Terms. Request it at [email protected]. The current list of subprocessors is published in the Privacy Policy.
7. Plans, fees, and billing
Paid plans are billed in advance, monthly, through our payment processor (Stripe). Fees are exclusive of taxes, which you are responsible for. Free and Starter plans are limited per UTC day; Pro and Scale plans include a monthly sending volume counted over your billing period. Overage on Pro and Scale is off by default; when you turn it on in the dashboard, sends past the included volume are billed at your plan's per-1,000 rate on your next invoice. You may cancel at any time from the dashboard; cancellation takes effect at the end of the current billing period, and amounts already paid are non-refundable except where required by law. We may change prices with at least 30 days' notice, effective at your next billing period.
8. Sending limits and deliverability
On Free and Starter, sends that exceed the daily cap are queued and dispatched after the cap resets at midnight UTC rather than rejected. On Pro and Scale with overage off, API sends past the included volume are refused until the billing period renews, and broadcasts wait; with overage on they go out and are billed. To protect the shared sending infrastructure, broadcasts may be automatically paused when an account's bounce rate or spam-complaint rate exceeds the thresholds at which AWS SES penalizes senders. These guardrails are part of the Service, not a defect of it.
9. Open source and self-hosting
The MillionSend software is open source under the GNU Affero General Public License v3.0 (AGPL-3.0). These Terms govern only the hosted Service. If you self-host the software, your use of the code is governed solely by the AGPL-3.0 (or another license you have obtained from us), not by these Terms, and self-hosted instances receive no service commitments, support, or warranties under these Terms. The MillionSend name, wordmark, and logos are trademarks of CODARI GLOBAL, LLC and are not licensed under the AGPL.
10. Third-party services
The Service depends on third-party providers, including AWS (email delivery via SES, hosting), Stripe (payments), Cloudflare (network and security), and TypeSafe (automated content screening). Their availability is outside our control. If you connect your own AWS SES account, you are responsible for that account's standing with AWS and for the fees AWS charges you.
11. Intellectual property
Except for the open-source rights granted by the AGPL-3.0 and your ownership of Customer Content, we and our licensors retain all rights, title, and interest in the Service. Feedback you choose to send us may be used without obligation to you.
12. Term and termination
You may stop using the Service and delete your account at any time. We may suspend or terminate the Service for material breach of these Terms, where required by law, or upon 30 days' notice if we discontinue the Service. Upon termination we will make your Customer Content available for export for 30 days, then delete it as described in the Privacy Policy. Sections that by their nature survive termination (including 5, 6, 11, 13, 14, and 15) do so.
13. Disclaimers
The Service is provided "as is" and "as available". We do not warrant that email will be delivered to any particular inbox or folder, that the Service will be uninterrupted or error-free, or that it meets your requirements. To the maximum extent permitted by law, we disclaim all implied warranties, including merchantability, fitness for a particular purpose, and non-infringement.
14. Limitation of liability
To the maximum extent permitted by law: neither party is liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits, revenue, or data; and our aggregate liability arising out of the Service is limited to the amounts you paid us in the twelve months before the event giving rise to the claim (or USD 100 if you paid nothing). These limits do not apply to your payment obligations, your breach of Section 4, or either party's liability that cannot be limited by law.
15. Indemnification
You will defend and indemnify us against third-party claims arising from your Customer Content, your sending practices, or your breach of Section 4, including claims by recipients and by anti-spam authorities.
16. Governing law
These Terms are governed by the laws of the State of Wyoming, USA, excluding its conflict-of-law rules, and the parties submit to the exclusive jurisdiction of the state and federal courts located in Wyoming. If you are a consumer in a jurisdiction whose law grants you non-waivable rights or venue, those rights are unaffected.
17. Changes to these Terms
We may update these Terms. Material changes will be announced by email or in the dashboard at least 14 days before they take effect; continued use after the effective date is acceptance. The current version always lives at this page.
18. Contact
CODARI GLOBAL, LLC, doing business as MillionSend. Notices: 7345 W Sand Lake Rd Ste 210, Office 4592, Orlando, FL 32819, USA · [email protected] · github.com/MillionSend/millionsend