1. 1.1 In consideration of the payment by you of the applicable fee (the "Fee") indicated on the Company's website in respect of the Service (unless the Service is free of charge, which will also be indicated), the Company grants to you a non-exclusive and non-transferable license to:
• use the Service and Documentation for your own personal or internal business purposes (email addresses verification; receipt of the email addresses verification report; import and export of files with email addresses);
• use the Service and Documentation strictly in accordance with the provisions of these Terms of Use and any documentation provided by the Company for that purpose (2. Use of The Service and Accounts);
• register only ONE (1) Sendigram account for yourself.
The Company reserves all rights not expressly granted to you in these Terms.
2. 1.2 The Service licensed to you may be used only by you.
3. 1.3 Paid Service orders are processed by the Company's online reseller, Paddle.com. Paddle.com is the Merchant of Record for all Sendigram orders. Paddle.com provides order-related customer service and handles returns.

1. 2.1.1 Sendigram [validator] offers 100 free email verifications, allowing you to test the Service at no charge, and a package that allows you to verify a limited number of emails.
2. 2.2 The License and Fee (if any) are exclusive of taxes, duties, and charges imposed or levied in connection with the supply of the Service. Without limiting the foregoing, you shall be liable for any subsequent taxes, duties, or charges in respect of the Service.
3. 2.3 Sendigram has a No Refund Policy. Once payment has been made, it immediately becomes non-refundable. A refund may be issued solely in case of an unintentional charge made due to a payment system error, as long as the error is discovered and refund is requested within 1 month of the charge.

1. 3.1 All amounts payable or other consideration provided in respect of supplies made in relation to these Terms are exclusive of GST (if any). Where a supply is a taxable supply, all amounts payable or other consideration provided must be increased by the amount of GST payable in relation to the supply.
2. 3.2 All GST must be paid at the time any payment to which it relates is payable (provided a tax invoice has been issued for the supply). Where any GST payable is not referable to an actual payment, then it must be paid within ten (10) days of a tax invoice being issued by the supplier.

1. 4.1 You must not modify or alter the Service or merge all or any part of the Service with any other software without Sendigram's written permission. If the Service is modified or altered:
• a. the costs associated with the modifications or alterations will be borne solely by you;
• b. and you will fully indemnify Sendigram against all liability, costs, and expenses (including legal costs) which may be incurred by Sendigram if such modifications or alterations infringe any intellectual property rights of a third person or otherwise cause Sendigram to suffer loss, damages, or expense.

1. 5.1 You are responsible for the use, supervision, management, and control of the Service and Documentation.
2. 5.2 You must use reasonable endeavors to ensure that the Service is protected at all times from misuse, damage, destruction, or any form of unauthorized use.
3. 5.3 You must keep accurate records of use, copying, modification, and disclosure of the Service.

1. 6.1 Sendigram may, in its sole discretion, notify you from time to time of any updates to the Sendigram Service which provides functions equal to or better than the current release.

1. 7.1 Sendigram warrants that:
• a. it has authority to grant the rights granted in these Terms;
• b. and the Service will operate in conformity with the Documentation in all material respects.
2. 7.2 SENDIGRAM WILL NOT BE LIABLE UNDER THIS CLAUSE TO THE EXTENT THAT A DEFECT IS CAUSED BY YOUR USE OF THE SERVICE OTHER THAN IN ACCORDANCE WITH THESE TERMS, INCLUDING THE FAILURE BY YOU OR A THIRD PARTY TO MAINTAIN THE OPERATING ENVIRONMENT DESIGNATED IN THE DOCUMENTATION OR TO OTHERWISE USE THE SERVICE IN ACCORDANCE WITH ANY SPECIFICATIONS ISSUED BY SENDIGRAM.
3. 7.3 YOU ACKNOWLEDGE THAT THE SERVICE IS DISTRIBUTED AS IS AND SENDIGRAM IN NO WAY GUARANTEES THAT IT WILL OPERATE UNINTERRUPTED OR BE ERROR-FREE. YOU ACKNOWLEDGE THAT THE EXISTENCE OF ANY ERRORS DOES NOT CONSTITUTE A BREACH OF THESE TERMS.
4. 7.4 YOU FURTHER ACKNOWLEDGE THAT GOOD DATA PROCESSING PROCEDURES DICTATE THAT ANY SOFTWARE BE THOROUGHLY TESTED WITH NON-CRITICAL DATA BEFORE RELYING ON IT. YOU ASSUME THE ENTIRE RISK OF USING THE SERVICE AND DOCUMENTATION. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THESE TERMS.
5. 7.5 YOU ACKNOWLEDGE THAT YOU HAVE EXERCISED YOUR INDEPENDENT JUDGMENT IN OBTAINING THE SERVICE AND HAVE NOT RELIED ON ANY REPRESENTATION MADE BY SENDIGRAM WHICH HAS NOT BEEN STATED EXPRESSLY IN THESE TERMS OR UPON ANY DESCRIPTIONS OR ILLUSTRATIONS, OR SPECIFICATIONS CONTAINED IN ANY DOCUMENT, INCLUDING PUBLICITY MATERIAL PRODUCED BY SENDIGRAM.
6. 7.6 OTHER THAN IMPLIED BY LAW, THE WARRANTIES IN THIS CLAUSE REPRESENT ALL OF THE WARRANTIES GIVEN BY SENDIGRAM, AND NO TERM OR WARRANTY WILL BE IMPLIED.

1. 8.1 You may not, without the prior written approval of Sendigram, disclose Sendigram's Confidential Information (as defined below).
2. 8.2 You must take all reasonable steps to ensure that your employees, agents, and any subcontractors engaged for the purposes of these Terms, do not disclose Sendigram's Confidential Information.
3. 8.3 The Service uses Google Analytics to collect information to improve the products and features users use most often and to help solve problems. Google Analytics collects software and service usage data only. This information does not include any personally identifiable details.
4. 8.4 See the Privacy Policy (ccылка на Privacy Policy) for more information on how we handle the data we collect. By accepting these Terms and using the Service you confirm that you have also read and accepted the Privacy Policy, which forms part of these Terms.

1. 9.1. You acknowledge that, except with respect to your User Account Content and other Registered Users' Content, the Service and Documentation are the subject of intellectual property rights, including copyright (the "Rights"). You shall not, during or any time after the termination of the license based on these Terms, permit any act (including, without limitation, copying the Service except as permitted in these Terms) that infringes those Rights. For the avoidance of doubt, these Terms do not give you any right to use any trademarks of the Company associated with the Service or Documentation. You will fully indemnify the Company against all liability, costs, and expenses (including legal costs) which may be incurred by the Company as a result of your breach of the provisions of this clause.
2. 9.2. You must abide by all copyright notices, information, or restrictions contained in or attached to any of our Documentation. Nothing in these Terms grants you any right to receive delivery of a copy of our Documentation or to obtain access to our Documentation except as generally and ordinarily permitted through the Service according to these Terms. Certain names, logos, distinctive features, source identifiers, and other materials displayed on the Site or in the Service, including its "look and feel", constitute trademarks, trade names, service marks, trade dress, or logos ("Trademarks") of us or other entities. All trademarks not owned by the Company that appear on this site are the property of their respective owners. You are not authorized to use any such trademarks. Ownership of all such trademarks and the goodwill associated therewith remains with us or those other entities. Unless you obtain the copyright owner's prior written consent, you may not copy, distribute, publicly perform, publicly display, digitally perform (in the case of sound recordings), or create derivative works from any copyrighted work made available or accessible via the Service. You will not remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Service.

1. 10.1 SUBJECT TO CLAUSE 10.2, SENDIGRAM'S TOTAL LIABILITY TO YOU IN RESPECT OF ALL CLAIMS ARISING OUT OF OR IN ANY WAY RELATING TO THESE TERMS OR THE SERVICE, INCLUDING CLAIMS UNDER ANY INDEMNITY OR FOR NEGLIGENCE, SHALL BE STRICTLY LIMITED TO THE FEE PAID UNDER THESE TERMS.
2. 10.2 ANY DAMAGES RESULTING FROM A BREACH OF THESE TERMS BY EITHER PARTY ARE LIMITED TO ACTUAL DAMAGES INCURRED BY THE PARTY CLAIMING DAMAGES. NEITHER PARTY WILL BE LIABLE TO THE OTHER FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL LOSS OR DAMAGE, INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS OPPORTUNITY, BUSINESS INTERRUPTION, LOST PROFITS, OR FOR PUNITIVE OR EXEMPLARY DAMAGES, EVEN IF SENDIGRAM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
3. 10.3 IF ANY CONDITION OR WARRANTY IS IMPLIED INTO THESE TERMS BY LAW AND CANNOT BE EXCLUDED, THE LIABILITY OF SENDIGRAM FOR BREACH OF THE CONDITION OR WARRANTY IS LIMITED TO ONE OR MORE OF THE FOLLOWING AT SENDIGRAM'S OPTION:
• (I) IN THE CASE OF GOODS;
• (1) THE REPLACEMENT OF THE GOODS OR THE SUPPLY OF EQUIVALENT GOODS;
• (2) THE REPAIR OF THE GOODS;
• (3) THE PAYMENT OF THE COST OF REPLACING THE GOODS OR OF ACQUIRING EQUIVALENT GOODS; OR
• (4) THE PAYMENT OF THE COST OF HAVING THE GOODS REPAIRED; OR
• (II) IN THE CASE OF SERVICES;
• (1) THE SUPPLYING OF THE SERVICES AGAIN; OR
• (2) THE PAYMENT OF THE COST OF HAVING THE SERVICES SUPPLIED AGAIN.
4. 10.4 BY AGREEING TO THESE TERMS, YOU EXPRESSLY WAIVE THE RIGHT TO PARTICIPATE IN A CLASS ACTION AGAINST SENDIGRAM AND ANY OF SENDIGRAM'S SUBSIDIARIES, RELATED COMPANIES, AFFILIATES, AGENTS, EMPLOYEES, PREDECESSORS IN INTEREST, SUCCESSORS, AND ASSIGNS. THIS PROVISION SHALL SURVIVE TERMINATION OF THE LICENSE GRANTED TO YOU UNDER THESE TERMS.

1. 11.1 You agree to defend Sendigram, its affiliates, and its and/or their respective successors and assigns, as well as their respective officers, directors, employees, agents, licensors, representatives, operational service providers, and suppliers against any and all claims, demand and/or actions, and indemnify and hold Sendigram, its affiliates, and its and/or their respective successors and assigns, as well as their respective officers, directors, employees, agents, representatives, suppliers, licensors, and contractors harmless from and against any and all losses, damages, costs, and expenses (including attorneys' fees), resulting from your breach or violation of these Terms, infringement, misappropriation, or your violation of the rights of any other party, your violation or non-compliance with any law or regulation, or your alteration to or export of the Service. Sendigram reserves the right to assume, at its expense, the exclusive defense and control of any claims or actions and all negotiations for settlement or compromise, and you agree to fully cooperate with Sendigram upon its request.

1. 12.1 Sendigram may terminate the license granted to you under these Terms immediately by written notice sent to your last email address of record if you are found to be in material breach of any of these Terms, and such breach is not remedied within thirty (30) days of notification.
2. 12.2 Upon termination of the license granted under these Terms, you must immediately cease using the Service and destroy all copies of the software and the Documentation.

1. 13.1 Any express statement of a right of Sendigram under these Terms is without prejudice to any other rights of Sendigram expressly stated in these Terms or existing at law.
2. 13.2 Sendigram's obligations under these Terms are suspended during the continuance of any Force Majeure Event to the extent that those obligations are affected by the Force Majeure Event.
3. 13.3 All notices must be in writing and addressed, in the case of notices to Sendigram, to its email address at info@sendigram.com.
4. 13.4 If any provision of these Terms is held to be invalid, illegal, or unenforceable, these Terms will continue otherwise in full force and effect apart from such provision, which will be taken to be deleted.

1. 14.1 Definitions
In these Terms, unless the context otherwise requires:
"Confidential Information" means the confidential information of Sendigram which relates to the subject matter of these Terms and includes information relating to:
• a. the design, specification, and content of the Service;
• b. the personnel, policies, or business strategies of Sendigram;
• c. and the terms upon which the Service is being supplied pursuant to these Terms.
"Force Majeure Event" means any event not within the control of a party whose obligations are affected.
"GST" means goods and services tax or any similar tax.
2. 14.2 In these Terms, unless the context otherwise requires:
• a. headings are for convenience only and do not affect interpretation;
• b. the singular includes the plural and conversely;
• c. the gender includes all genders;
• d. where a word or phrase is defined, its other grammatical forms have a corresponding meaning;
• e. a reference to a person includes any body corporate, unincorporated body, or other entity and conversely;
• f. a reference to a clause is to a clause of these Terms; and
• g. all references to $ are to USD (United States dollars).