SendWave Legal Policy & Terms of Service

1. Introduction

Welcome to SendWave. By using our services, you agree to comply with the following Legal Policy, Terms of Service, and Fair Use Policy. These policies ensure that SendWave remains a compliant, ethical, and effective platform for high-volume email marketing.

SendWave is committed to full compliance with all applicable anti-spam, data protection, and privacy laws, including but not limited to:

• United States: CAN-SPAM Act (2003)
• European Union: General Data Protection Regulation (GDPR) (2018)
• United Kingdom: Privacy and Electronic Communications Regulations (PECR) (2003, as amended)
• Canada: Canada’s Anti-Spam Law (CASL) (2014)
• Australia: Spam Act (2003)
• New Zealand: Unsolicited Electronic Messages Act (2007)

Failure to adhere to these laws and our internal policies may result in account suspension or termination.

2. Compliance & Anti-Spam Policy

2.1. Prohibited Activities

Users of SendWave must not use the platform to:

• Send emails that violate anti-spam laws.
• Send emails without explicit opt-in consent where required by law.
• Send misleading, deceptive, or fraudulent messages.
• Send emails containing malicious content, such as viruses or phishing attempts.
• Use purchased, scraped, or otherwise non-permission-based email lists.

2.2. Opt-In Requirements

• Users must ensure that all recipients have explicitly opted in to receive communications.
• A clear and accessible unsubscribe option must be included in every email.
• Users must honor unsubscribe requests within 10 days.

2.3. Compliance with Key Anti-Spam Laws

United States: CAN-SPAM Act (2003)

• No misleading subject lines or sender information.
• A valid physical business address must be included in all emails.
• Users must promptly honor opt-out requests.

European Union: GDPR (2018)

• Requires explicit consent for marketing emails.
• Users must provide clear options for data access and deletion.
• Violations can result in fines of up to €20 million or 4% of annual turnover.

Canada: CASL (2014)

• Express consent required before sending commercial emails.
• Records of consent must be maintained.
• Violations may result in fines up to CA$10 million per offense.

Australia & New Zealand: Spam Acts (2003 & 2007)

• Commercial emails must include sender identification.
• Senders must provide functional unsubscribe mechanisms.
• High penalties apply for non-compliance.

Users must be aware of and comply with the strictest applicable laws governing their email campaigns.

3. Usage Policy & Fair Use Policy

3.1. Acceptable Use

SendWave is designed for legitimate businesses and marketers who send high-volume, opt-in email campaigns. Acceptable use includes:

• Marketing campaigns to verified, permission-based lists.
• Transactional emails and notifications.
• Email sequences for customer engagement and retention.

3.2. Prohibited Use

Users are strictly prohibited from:

• Sending spam or unsolicited bulk emails.
• Engaging in affiliate marketing schemes that involve spam-like behavior.
• Sending emails that promote illegal, fraudulent, or deceptive activities.
• Using SendWave for pornographic, offensive, or illegal content.
• Engaging in phishing, fraud, or impersonation.
• Sending emails that violate the policies of major ISPs (Google, Yahoo, Microsoft, etc.).

3.3. Enforcement & Account Suspension

SendWave employs real-time monitoring and compliance checks to detect misuse. If a user violates this policy, the following actions may be taken:

• Warning & Investigation – Initial notice and compliance review.
• Temporary Suspension – Account access will be restricted pending investigation.
• Permanent Termination – Repeat offenders or severe violations will result in full account termination without refund.

SendWave reserves the right to immediately suspend any account that presents a risk to platform reputation or legal compliance.

4. Data Privacy & Security

4.1. Data Protection Measures

SendWave takes data privacy seriously and implements:

• Encryption protocols for stored and transmitted data.
• Strict access controls to protect user data.
• GDPR-compliant data processing agreements for applicable users.

4.2. Data Collection & Use

• We only collect necessary information for account management and compliance.
• We do not sell or share user data with third parties without explicit consent.

4.3. User Rights (GDPR & Privacy Laws)

Users have the right to:

• Request data access, modification, or deletion.
• Withdraw consent at any time.
• File complaints with data protection authorities if they believe their rights have been violated.

5. Legal Disclaimer & Limitation of Liability

SendWave is a software platform and does not take responsibility for content sent by users. Users are solely responsible for ensuring compliance with applicable laws.

Limitation of Liability:

• SendWave is not liable for fines, legal actions, or penalties resulting from user violations.
• SendWave does not guarantee deliverability rates or inbox placement.
• Users agree to indemnify SendWave against any claims arising from misuse of the platform.

6. Amendments & Updates

SendWave reserves the right to update this policy at any time. Users will be notified of significant changes that affect compliance or usage terms.

For further questions, contact: legal@sendwave.email.

Effective Date: 9 October 2018