Terms of Service

These Terms of Service (“Terms”) govern your use of ImportSend.io (“the Service”) provided by Clicks2Sales.com(“we,” “us,” or “our”). By accessing, registering for, purchasing, or using the Service, you agree to be bound by these Terms. If you do not agree with any part of these Terms, you must not use the Service.

1. Acceptance of Terms

By using the Service, you acknowledge that you have read, understood, and agree to comply with these Terms and any other guidelines, policies, notices, or instructions provided by us.

If you are accessing or using the Service on behalf of an organization, company, or other legal entity, you represent and warrant that you have the authority to bind that organization to these Terms.

2. Description of Service

ImportSend.io is a bulk email software platform that allows users to send emails to multiple recipients. The Service may include email campaign sending, contact and list management, analytics, automation tools, SMTP or sending infrastructure, account management tools, usage limits, templates, reporting, and related services.

We may modify, update, suspend, restrict, or discontinue any part of the Service at any time, with or without prior notice, including for technical, operational, security, compliance, abuse-prevention, legal, or business reasons.

3. User Obligations

By using the Service, you agree to:

3.1. Provide accurate, current, and complete information during registration, billing, verification, and account setup.

3.2. Maintain the accuracy of your account, billing, contact, and business information.

3.3. Use the Service only in compliance with all applicable laws, rules, regulations, industry standards, and third-party terms and policies.

3.4. Keep your account credentials confidential and not share them with unauthorized individuals or entities.

3.5. Accept full responsibility for all activity conducted under your account.

3.6. Promptly notify us of any unauthorized access, compromise, misuse, or suspected security issue involving your account.

3.7. Ensure that you have a lawful basis, valid consent, or other legally permitted ground to email your contacts.

3.8. Maintain proper sender details, unsubscribe options, and compliance with applicable email marketing, anti-spam, privacy, and data protection laws.

3.9. Use the Service responsibly and in a manner that does not harm our infrastructure, reputation, deliverability, customers, employees, contractors, partners, vendors, or third parties.

4. Prohibited Activities

You are expressly prohibited from engaging in the following activities when using the Service:

4.1. Sending unsolicited, unauthorized, deceptive, misleading, or illegal emails, including spam.

4.2. Sending emails to purchased, scraped, harvested, rented, borrowed, or non-consenting contact lists.

4.3. Sending phishing emails, malware, scams, fraudulent offers, impersonation emails, fake invoices, deceptive financial messages, or any content intended to mislead recipients.

4.4. Violating any applicable law, regulation, privacy right, intellectual property right, contractual obligation, platform policy, or third-party right.

4.5. Uploading, transmitting, linking to, or distributing viruses, malware, malicious code, harmful files, or exploitative content.

4.6. Interfering with, disrupting, overloading, damaging, or attempting to gain unauthorized access to the Service, our servers, sending infrastructure, networks, accounts, systems, or security controls.

4.7. Attempting to bypass account limits, sending limits, billing systems, verification processes, compliance reviews, suspension measures, or abuse-prevention controls.

4.8. Using false, misleading, forged, or unauthorized sender names, domains, email addresses, headers, links, business details, or identities.

4.9. Collecting, harvesting, scraping, or processing personal information without lawful authority or consent.

4.10. Sending content related to illegal goods or services, fraud, financial scams, impersonation, adult exploitation, hate, harassment, threats, or any content we determine to be harmful, abusive, high-risk, or objectionable.

4.11. Using the Service in any way that may damage our IP reputation, domain reputation, sender reputation, infrastructure, business operations, payment processing relationships, or relationships with service providers.

4.12. Reselling, sublicensing, sharing, or providing unauthorized third-party access to the Service unless expressly permitted by us in writing.

4.13. Engaging in any activity that we determine, at our sole discretion, to be illegal, harmful, abusive, fraudulent, risky, objectionable, or inconsistent with the intended use of the Service.

5. Respectful Communication and Support Team Protection

We are committed to maintaining a safe, respectful, and professional environment for our support team, employees, contractors, partners, vendors, and all individuals associated with the Service.

By using the Service, you agree not to engage in abusive, threatening, harassing, discriminatory, defamatory, obscene, hateful, sexually inappropriate, intimidating, or otherwise disrespectful communication toward our support team, employees, contractors, partners, vendors, representatives, or anyone associated with us.

This includes, but is not limited to:

5.1. Using abusive, insulting, degrading, vulgar, or offensive language.

5.2. Making threats of harm, intimidation, coercion, blackmail, baseless legal threats, or public harassment.

5.3. Repeatedly sending hostile, aggressive, excessive, or bad-faith messages after a matter has been addressed.

5.4. Targeting any team member personally through email, chat, phone, social media, review platforms, or any other communication channel.

5.5. Using discriminatory or hateful language based on religion, caste, race, ethnicity, gender, sexual orientation, nationality, disability, age, or any other protected or personal characteristic.

5.6. Attempting to pressure, abuse, threaten, or manipulate our team into providing refunds, account access, exceptions, policy violations, or services outside your plan.

We reserve the right to refuse support, restrict communication channels, suspend access, or permanently cancel any account if we determine that the user has violated this section.

Serious or repeated violations of this section may result in immediate account cancellation without refund, including forfeiture of any unused subscription period, credits, prepaid fees, account balance, or remaining plan value, to the maximum extent permitted by applicable law.

6. Account Review, Compliance Checks, and Sending Restrictions

We may review accounts, campaigns, contact lists, sending behavior, domains, email content, bounce rates, complaint rates, unsubscribe rates, engagement signals, and other usage data to protect the Service, our infrastructure, and our sender reputation.

We reserve the right to delay, throttle, reject, pause, suspend, or block email sending if we believe your usage may violate these Terms, applicable laws, third-party policies, acceptable use standards, or deliverability best practices.

We may request additional information from you, including business details, website details, domain ownership proof, list source details, consent records, sample campaigns, or identity verification. Failure to provide requested information may result in account suspension or termination.

7. Account Suspension and Termination

We reserve the right to suspend, restrict, or terminate your access to the Service at any time, with or without prior notice, if:

7.1. You violate these Terms.

7.2. You engage in spam, abuse, phishing, fraud, illegal activity, or harmful sending practices.

7.3. Your email campaigns generate excessive bounces, complaints, unsubscribes, blocks, blacklisting, or reputation damage.

7.4. Your usage harms or may harm our infrastructure, IP reputation, domain reputation, sender reputation, service providers, customers, or business operations.

7.5. You fail to make required payments.

7.6. You initiate an improper chargeback, payment dispute, or reversal after accessing or using the Service.

7.7. You misuse support channels or communicate abusively with our team or anyone associated with us.

7.8. We are required to do so by law, regulation, court order, government request, payment processor request, service provider request, or compliance obligation.

7.9. We determine that your continued use of the Service presents a security, legal, financial, reputational, operational, compliance, or abuse-related risk.

Upon suspension or termination, your right to use the Service will immediately cease. We are not responsible for any loss of data, business, revenue, reputation, email delivery, leads, customers, campaigns, account access, or other losses resulting from suspension or termination.

8. Refund Policy

Due to the nature of the Service, all sales are generally final. Customers may cancel their subscription at any time, but cancellation does not automatically entitle the customer to a refund for any unused period.

Refunds will not be provided in cases involving:

8.1. Violation of these Terms.

8.2. Spam, abuse, phishing, fraud, illegal activity, prohibited content, or harmful sending behavior.

8.3. Account suspension or cancellation due to abusive behavior toward our support team, employees, contractors, partners, vendors, or anyone associated with us.

8.4. Account suspension or cancellation due to chargebacks, payment disputes, payment failure, or billing misuse.

8.5. Failure to comply with setup instructions, DNS requirements, authentication requirements, sending best practices, compliance requests, or third-party policies.

8.6. Deliverability issues caused by the customer’s email content, contact list quality, sending behavior, domain reputation, recipient engagement, spam complaints, bounce rates, blacklisting, or external mailbox provider decisions.

8.7. Change of mind, lack of usage, business closure, accidental purchase, no longer needing the Service, or failure to use the Service after purchase.

8.8. Issues caused by third-party platforms, mailbox providers, hosting providers, DNS providers, internet service providers, payment processors, customer-side configuration errors, or customer-side technical issues.

8.9. Customer failure to provide required information, verification details, consent proof, or cooperation needed to investigate or resolve an issue.

In rare cases where the Service does not work as advertised and we are unable to resolve the issue within 48 working hours after receiving sufficient details from the customer, we may, at our discretion, issue a refund.

Any refund, if approved, will be processed through the original payment method or another method chosen by us.

9. Chargebacks and Payment Disputes

9.1. No Chargebacks After Service Activation

By purchasing or subscribing to the Service, you acknowledge that ImportSend.io provides immediate digital access, software access, infrastructure provisioning, account setup, and resource allocation. This may include, but is not limited to, login access, server configuration, IP assignment, domain setup, sending infrastructure, email processing capability, support access, and account resources.

Once login credentials are issued, your account is activated, infrastructure is provisioned, or the Service is accessed or used, the Service is deemed delivered and activated.

Initiating a chargeback, payment dispute, payment reversal, or similar claim after accessing or using the Service may constitute a material breach of these Terms.

9.2. Unauthorized or Improper Chargebacks

If a user initiates a chargeback, payment dispute, or reversal after service activation, access, or usage, we reserve the right to:

9.2.1. Immediately suspend or permanently terminate the account.

9.2.2. Revoke access to all associated software, infrastructure, sending systems, accounts, and services.

9.2.3. Disable campaigns, sending access, lists, domains, and account resources.

9.2.4. Submit usage records, login records, provisioning records, invoices, communication history, and other relevant evidence to the payment processor, bank, or dispute-resolution provider.

9.2.5. Treat the disputed amount as an outstanding debt owed to us.

9.2.6. Recover the disputed amount, fees, costs, and damages through lawful means.

9.3. Recovery of Costs

In the event of a chargeback or payment dispute after service activation or usage, you agree to remain liable for:

9.3.1. The original subscription amount or invoice amount.

9.3.2. Any chargeback, dispute, reversal, or payment processing fees imposed by the payment processor, bank, or payment gateway.

9.3.3. Administrative costs incurred in responding to the dispute.

9.3.4. Reasonable legal fees and recovery expenses, where permitted by law.

9.3.5. Any demonstrable damages caused to our infrastructure, IP reputation, domain reputation, sender reputation, payment processing relationships, or business operations.

9.4. Manual Repayment Obligation

If a chargeback or payment dispute is resolved in the user’s favor despite evidence of service activation, access, provisioning, or usage, the user agrees to manually remit the outstanding amount within seven (7) days of written notice from ImportSend.io.

Failure to make repayment may result in account termination, denial of future service, recovery action, and any other remedies available to us under applicable law.

9.5. Fraudulent or Bad-Faith Disputes

Filing a chargeback or payment dispute after knowingly accessing, using, or receiving the Service may be treated as misuse of digital services and a bad-faith payment dispute.

We reserve the right to pursue all remedies available under applicable law, including recovery of unpaid amounts, dispute fees, administrative costs, legal costs, and damages.

9.6. Evidence and Logs

You acknowledge that ImportSend.io may maintain records relating to service delivery and usage, including but not limited to login timestamps, IP access records, account activity, campaign activity, sending logs, infrastructure usage, support communications, billing records, configuration changes, and service activation records.

Such records may be used as evidence in payment disputes, chargebacks, legal proceedings, compliance reviews, account reviews, and abuse investigations.

10. Email Deliverability Disclaimer

While we provide email marketing software, sending tools, and related infrastructure, we do not guarantee inbox placement, open rates, click rates, conversion rates, revenue, lead generation, email delivery to every recipient, or uninterrupted acceptance by third-party mailbox providers.

Email deliverability depends on many factors outside our control, including but not limited to your domain reputation, IP reputation, email content, list quality, sending frequency, recipient engagement, authentication records, bounce rates, spam complaints, unsubscribe rates, blacklists, and policies of mailbox providers.

You are solely responsible for ensuring that your campaigns comply with applicable laws, consent requirements, unsubscribe requirements, and email marketing best practices.

11. Data, Lists, and Customer Responsibility

You are solely responsible for the data, contact lists, email content, campaigns, files, links, sender identities, domains, and materials you upload, send, store, or process through the Service.

You represent and warrant that:

11.1. You have the necessary rights, permissions, consent, and lawful basis to use your contact lists and data with the Service.

11.2. Your email content, links, offers, sender details, and campaigns are accurate, lawful, and not misleading.

11.3. You will honor unsubscribe requests, consent withdrawals, complaints, and recipient preferences.

11.4. You will not use the Service to send to recipients who have not consented or who should not legally receive your emails.

We are not responsible for verifying the legality, accuracy, consent status, or quality of your recipient lists, sender details, or email content.

12. Data Loss and Account Content

You are responsible for maintaining your own backups of contact lists, campaign content, reports, exports, files, and other data.

We do not guarantee that your account data will always be available, recoverable, or retained after suspension, termination, cancellation, non-payment, abuse review, or account closure.

We may delete, restrict, or disable access to account data where required for legal, security, operational, billing, compliance, or abuse-prevention reasons.

13. Payments, Billing, and Subscriptions

You agree to pay all fees associated with your selected plan, subscription, add-ons, usage, or services.

Unless otherwise stated, subscription fees are billed in advance and are non-refundable except as expressly provided in these Terms.

We may change pricing, plan features, usage limits, sending limits, billing terms, or available services at any time. Any changes will apply from the next billing cycle unless otherwise stated.

Failure to make payment may result in suspension or termination of your account.

14. Intellectual Property

All intellectual property rights in the Service, including but not limited to trademarks, copyrights, software, systems, designs, content, documentation, templates, trade secrets, technology, and platform features, are owned by us or our licensors.

You may not reproduce, copy, modify, distribute, resell, reverse engineer, create derivative works from, or exploit any part of the Service unless expressly authorized by us in writing.

15. Privacy

Your privacy is important to us. Please review our Privacy Policy to understand how we collect, use, store, and protect personal information in connection with the Service.

By using the Service, you agree to our collection and use of information in accordance with our Privacy Policy.

16. Limitation of Liability

To the maximum extent permitted by applicable law, we shall not be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages arising out of or related to the Service.

This includes, but is not limited to, loss of profits, loss of revenue, loss of business, loss of data, loss of contacts, loss of campaigns, loss of reputation, email delivery failure, inbox placement failure, account suspension, service interruption, third-party provider actions, payment processor actions, or mailbox provider decisions.

Our total liability for any claim arising out of or relating to the Service shall not exceed the amount paid by you to us for the Service in the one month immediately preceding the event giving rise to the claim.

17. No Warranty

The Service is provided on an “as is” and “as available” basis.

We do not warrant that the Service will be uninterrupted, error-free, secure, always available, compatible with all systems, free from defects, or accepted by all mailbox providers.

We disclaim all warranties, whether express, implied, statutory, or otherwise, including warranties of merchantability, fitness for a particular purpose, non-infringement, and deliverability, to the maximum extent permitted by applicable law.

18. Changes to the Service or Terms

We reserve the right to modify, update, or replace these Terms at any time.

Any changes will be effective immediately upon posting the updated Terms on our website, unless otherwise stated.

Your continued use of the Service after the updated Terms are posted constitutes your acceptance of the revised Terms.

19. Governing Law and Jurisdiction

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

Any disputes arising out of or in connection with these Terms or the Service shall be subject to the exclusive jurisdiction of the courts located in India.

20. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, that provision shall be deemed severed from these Terms, and the remaining provisions shall continue in full force and effect.

21. Entire Agreement

These Terms constitute the entire agreement between you and ImportSend.io / Clicks2Sales.com regarding your use of the Service and supersede all prior or contemporaneous agreements, understandings, communications, or representations, whether oral or written.

22. Contact

For questions about these Terms, billing, account access, or support, please contact us through the official support channels provided on our website.