Terms of Use and Service Agreement

This Addendum is incorporated into and governed by the Gaviso Terms of Use and Service Agreement.

Last Updated: May 7, 2025

This Addendum governs the use of SendFusion, an email marketing distribution platform operated by Gaviso Digital Marketing, LLC (“Gaviso”). It forms part of the Master Terms of Use and Service Agreement and applies to all users of SendFusion.

 

1. Scope of Services

1.1 Platform Description. SendFusion allows users to create, schedule, and send email campaigns, manage subscriber lists, and monitor campaign performance through analytics and segmentation tools. The platform includes access to automation features, email templates, and basic contact management functions.

1.2 Exclusions. SendFusion does not include:

• SMS or telecommunication functionality
• CRM functionality beyond list-level contact management
• Website or landing page hosting
• SMTP services outside those provided by the platform’s integrated infrastructure

1.3 Third-Party Infrastructure. Email delivery may be facilitated through third-party providers (e.g., Mailgun, Amazon SES). Gaviso reserves the right to modify delivery channels at its sole discretion to maintain deliverability and compliance.

 

2. Account Terms and Subscriber Data

2.1 List Ownership and Consent. You must maintain records demonstrating that all email recipients on your lists have provided valid opt-in consent in accordance with applicable law. You may not upload or use lists that are purchased, rented, scraped, or collected without express permission.

2.2 List Hygiene. You are responsible for suppressing invalid, unsubscribed, bounced, or spam-complaining contacts. Gaviso reserves the right to disable or clean lists that compromise platform reputation.

2.3 User Responsibility. You are solely responsible for maintaining the confidentiality of your login credentials and account activity. You agree to provide accurate contact and billing information and to promptly update such information as needed.

 

3. Acceptable Use and Content Standards

3.1 Legal Compliance. You must comply with all applicable laws, including:

• U.S. CAN-SPAM Act
• Canada’s Anti-Spam Legislation (CASL)
• Any relevant state, provincial, or local privacy and email marketing laws

3.2 Unsubscribe and Identification. All emails must contain:

• A clear unsubscribe link
• Accurate sender identification
• A valid physical mailing address

3.3 Prohibited Activities. You may not use SendFusion to send, promote, or host content involving:

• Pornographic or sexually explicit material
• Illegal goods or pharmaceuticals
• Multi-level marketing (MLM), affiliate marketing, or get-rich-quick schemes
• Credit repair, payday loans, or mortgage solicitations
• List brokers or third-party email resellers
• Gambling or lottery promotions
• Content promoting hate, violence, or discrimination
• Any campaign type that Gaviso deems harmful to deliverability or platform integrity

3.4 Spam Complaints and Reputation. Gaviso monitors bounce rates, complaint metrics, and domain/IP reputation. Accounts exhibiting abuse patterns, including high complaint rates or blacklisting, may be suspended immediately.

 

4. Platform Functionality and API Use

4.1 Templates and Automations. SendFusion may offer pre-built email templates and automation flows. You are responsible for reviewing and customizing all content before sending to ensure legal and brand compliance.

4.2 API Access. If API access is offered, it is subject to fair usage and may be throttled. Excessive or abusive API usage may result in temporary or permanent access restrictions.

 

5. Fees, Suspension, and Termination

5.1 Billing. SendFusion is offered on a recurring or usage-based billing model. Payment must be made in full prior to campaign activation. Failure to maintain payment may result in account suspension.

5.2 Plan Limits. Your subscription tier may impose limits on contacts, monthly emails, or features. Usage beyond your plan may incur overage fees or require upgrade.

5.3 Account Suspension. Gaviso may suspend your account immediately upon detection of:

• Use of non-consensual email lists
• Content that violates Section 3
• Deliverability damage, including blacklisting

5.4 Cure Period. If suspended, you will be notified via email. If the violation is not remedied within seventy-two (72) hours, Gaviso may terminate your account without refund.

5.5 No Refund for Misuse. Accounts terminated for breach of this Addendum or abuse of the platform are not eligible for refunds, including unused prepaid time.

5.6 Data Deletion. Gaviso may delete all campaign data and contact lists within thirty (30) days of account termination or expiration.

 

6. Disclaimers and Limitation of Liability

6.1 No Deliverability Guarantee. Gaviso does not guarantee inbox placement or email delivery. Deliverability is affected by sender practices, list quality, and third-party filters.

6.2 “As-Is” Basis. SendFusion is provided “as is” and “as available.” Gaviso disclaims all warranties, express or implied, including fitness for a particular purpose.

6.3 Limitation of Liability. To the maximum extent permitted by law, Gaviso shall not be liable for any indirect, incidental, or consequential damages, loss of data, or service interruption. In no event shall Gaviso’s aggregate liability exceed the fees paid in the three (3) months preceding the event giving rise to liability.

6.4 Indemnification. You agree to indemnify, defend, and hold harmless Gaviso from any claims, liabilities, damages, or expenses arising from:

• Your use of SendFusion in violation of this Addendum
• Your breach of applicable anti-spam or privacy laws
• Any content or data transmitted through your campaigns