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Terms of service

Written to be read. If any clause here seems designed to be skimmed past, tell us and we will rewrite it.

Last updated 13 September 2026

Draft

This document has not yet been reviewed by counsel and is not binding. It is published so you can see the shape of our terms before they are final. The reviewed version will replace it, and the change will appear in the changelog.

The agreement

These terms are between you and Martin Business Consultants, operating OutSend. By creating an account or sending mail through the service you accept them. If you are agreeing on behalf of an organisation, you are confirming you can do that.

What we provide

Email sending infrastructure over API and SMTP, with event recording, webhooks, domain verification, suppression handling, and the other capabilities described on this site and in the documentation. Features marked roadmap are not part of what you are paying for until they ship.

Trials and payment

  • Trials run seven days. We do not charge you automatically when one ends.
  • Plans are billed monthly or annually in advance. Volume above your plan's included amount is billed in arrears at your plan's overage rate.
  • Upgrades take effect immediately and are prorated. Downgrades take effect at the end of the current period.
  • Cancel whenever you like. We do not refund partial periods, but we also do not make cancelling difficult.

Your responsibilities

  • Send only to people who agreed to hear from you. Our acceptable use policy is part of these terms.
  • Keep your API keys secret. Activity authenticated with your key is your activity.
  • Only send from domains you control and have verified.
  • Honour unsubscribes. We will honour them for you if you do not, which is worse for both of us.

Suspension

We score sending reputation per domain and per workspace, and we will disable a workspace automatically when it crosses the thresholds described in our documentation — including queued mail, which will fail rather than send. We will tell you when this happens and why. This is not a punishment; it is the mechanism that stops one sender's behaviour from reaching everyone else's deliverability.

Availability

We do not currently publish a service level agreement. When we do, it will carry specific numbers and specific remedies, and it will appear here. Until then we make no uptime guarantee, and we would rather say that plainly than imply one. Dedicated plans can have an SLA agreed in writing.

Your data

Your messages, events, and contacts are yours. We process them to run the service, as described in the privacy notice and the data processing addendum. You can export them at any time, and the open-source core exists partly so that leaving is a real option rather than a theoretical one.

Liability

We will not be liable for indirect or consequential losses. Our total liability in any twelve-month period is limited to what you paid us in that period. This is a standard limitation and we are not pretending otherwise — if your use case cannot live with it, talk to us about a Dedicated agreement.

Changes

If we change these terms materially, we will email account owners at least 30 days before the change takes effect, and the change will appear in the changelog. Continuing to use the service after that means you accept the new version.