Terms of Service

These Terms of Service (“Terms”) govern your access to and use of the SendMate software application, website, documentation, updates, and related services (collectively, the “Software”). By downloading, installing, accessing, or using the Software, you agree to these Terms. If you do not agree, do not use the Software.

Operator (minimal disclosure): SendMate is operated by Mint Strategies LLC (d/b/a “SendMate”) (“SendMate,” “Company,” “we,” “us,” “our”).

1. Definitions

• “User,” “you,” “your” means the individual or entity using the Software.
• “Third-Party Service(s)” means any third-party platform, website, CRM, messaging provider, carrier, or system you access or interact with in connection with the Software.
• “User Content” means any content you input, upload, generate, schedule, transmit, or otherwise use with the Software (including message text, templates, settings, and data you provide).
• “Protected Parties” means Mint Strategies LLC (d/b/a SendMate) and its members, managers, officers, employees, contractors, and agents.
• “Restricted Parties” means Zillow Group, Inc. and its affiliates/brands, and Follow Up Boss and its affiliates/brands, and in each case any of their employees, officers, directors, contractors, moderators, investigators, vendors, agents, representatives, or any person acting on their behalf.

2. Eligibility; Authority

You must be at least 18 years old and able to enter into a binding contract. If you use the Software on behalf of an organization, you represent you have authority to bind that organization to these Terms.

3. License Grant

Subject to your compliance with these Terms and payment of applicable fees, SendMate grants you a limited, non-exclusive, non-transferable, revocable license to install and use the Software for your internal business purposes during your subscription term.

All rights not expressly granted are reserved by SendMate.

4. User-Controlled Use; Assumption of Risk

You acknowledge the Software is operated and controlled by you on your own device(s). You are solely responsible for all actions taken using the Software and all outcomes resulting from your use.

You assume all risk arising from or related to your use of the Software, including interactions with Third-Party Services, messaging activity, recipient outreach, and compliance with applicable laws and policies.

5. Third-Party Approvals and Compliance (User Duty)

5.1 Permissions and approvals required. You are solely responsible for obtaining and maintaining all necessary permissions, approvals, consents, and authorizations required to use the Software in connection with any Third-Party Service and to contact any recipients. You represent and warrant that:

• you are authorized to access and use each Third-Party Service in connection with the Software; and
• your use of the Software complies with all applicable Third-Party Service terms, policies, and restrictions.

If a Third-Party Service requires written permission, partner approval, or restricts certain forms of automation, you are solely responsible for obtaining any required written permission before using the Software in connection with that Third-Party Service.

5.2 Assumption of enforcement risk. Third-Party Services may restrict, suspend, terminate, or limit your accounts or access at any time for any reason. You assume all risk of such actions. SendMate is not responsible for Third-Party Service enforcement actions, account outcomes, restrictions, or terminations.

5.3 No advice. SendMate does not provide legal advice, compliance advice, or carrier guidance.

6. Messaging Compliance; TCPA; Consent; No Responsibility

You are solely responsible for message content, recipient consent, and compliance with all applicable messaging laws (including the TCPA and any state analogs), carrier rules, and platform policies.

SendMate does not control, review, or approve your communications, recipients, or messaging practices, and is not responsible for any claim, loss, or liability arising from your message content, recipient consent, or compliance obligations.

7. No Affiliation; No Control Over Third-Party Services

SendMate is not affiliated with, endorsed by, sponsored by, approved by, or partnered with any Third-Party Service. Third-Party Services are independent and SendMate does not control them. We do not guarantee compatibility, availability, or functionality with any Third-Party Service.

Third-Party Services may change features, interfaces, security controls, APIs, or policies at any time. SendMate is not responsible for any resulting impact.

8. Prohibited Uses

You may not (and may not permit others to):

1. use the Software for spam, harassment, fraud, deception, unlawful activity, or without required consent;
2. access, scrape, harvest, or collect data without proper authorization;
3. bypass, disable, interfere with, or attempt to circumvent security, licensing, rate limits, or access controls;
4. reverse engineer, decompile, disassemble, or attempt to derive source code or proprietary methods (except where prohibited by law);
5. use the Software for competitive analysis, benchmarking, monitoring, investigative testing, or to build/assist a competing product without our prior written authorization;
6. publish or disclose non-public information about the Software (including private workflows/methods) without written permission.

8.1 Compliance with Laws; Sanctions

You may not use the Software in violation of applicable export control, sanctions, or trade laws.

9. Confidentiality; Trade Secrets; Non-Disclosure of Methods

The Software and its non-public features, workflows, methods, designs, documentation, and technical information are confidential and proprietary. Non-public aspects may constitute trade secrets to the extent permitted by law.

You may not disclose, publish, share, distribute, benchmark, document, or otherwise make available non-public aspects of the Software without prior written authorization.

These obligations survive termination.

10. Interference With Service (Bad-Faith Disruption Prohibited)

You agree not to interfere with, disrupt, or attempt to impede the operation of the Software, including by attempting to induce or encourage third parties to restrict access to the Software through false, misleading, or bad-faith reports, or by using the Software primarily for investigation, disruption, competitive harm, or sabotage.

11. Strict Ban — Zillow Group / Follow Up Boss Personnel

Restricted Parties are explicitly prohibited from accessing, using, evaluating, testing, analyzing, or otherwise interacting with the Software for any purpose without prior written authorization from SendMate signed by an authorized officer and provided before any access or use.

Unauthorized access or use by Restricted Parties constitutes a material breach of these Terms.

12. Liquidated Damages for Unauthorized Restricted Party Access ($250,000/incident)

You agree that unauthorized access or use by Restricted Parties causes significant harm that is difficult to quantify, including security risk, engineering disruption, incident response costs, and loss of business opportunities. Therefore, the parties agree to liquidated damages (not a penalty) of $250,000 per unauthorized access/use incident, as a reasonable estimate of anticipated losses and costs (including investigation, remediation, engineering time, disruption, and protection of proprietary methods).

SendMate may also seek injunctive or equitable relief to stop or prevent unauthorized access immediately.

13. Fees; Billing; Cancellation

Fees are billed in advance and renew automatically unless canceled prior to renewal. You may cancel at any time; access continues through the end of the paid term unless otherwise stated.

14. Suspension; Termination

SendMate may suspend or terminate access immediately if we reasonably believe you violated these Terms or created legal/compliance/security/third-party enforcement risk, including prohibited use or Restricted Party access.

15. Disclaimers

The Software is provided “as is” and “as available.” SendMate disclaims all warranties, express or implied, including merchantability, fitness for a particular purpose, title, and non-infringement. SendMate does not warrant uninterrupted or error-free operation or compatibility with any Third-Party Service.

16. Limitation of Liability

To the maximum extent permitted by law:

• SendMate is not liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including lost profits, lost data, business interruption, or third-party account suspensions/terminations.
• SendMate’s total liability arising out of or relating to the Software will not exceed the amount you paid to SendMate in the three (3) months preceding the event giving rise to the claim.

17. No Personal Liability of Members/Managers/Employees

To the maximum extent permitted by law, you agree that any claim arising out of or relating to the Software or these Terms must be brought only against Mint Strategies LLC (d/b/a SendMate), and not against any Protected Parties in their individual capacities.

To the maximum extent permitted by law, you waive and release any and all claims against Protected Parties for damages arising out of or relating to the Software, whether in contract, tort, or otherwise.

18. Indemnification

You agree to defend, indemnify, and hold harmless the Protected Parties from and against any claims, demands, suits, damages, liabilities, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) your use of the Software, (b) your User Content or communications, (c) recipient consent, (d) alleged violations of the TCPA or similar laws, (e) your violation of any Third-Party Service terms/policies, or (f) your misuse of the Software.

19. Time Limit on Claims

To the maximum extent permitted by law, any claim must be brought within one (1) year after it arose, or it is permanently barred.

20. Attorneys’ Fees (Fee Shifting)

In any action, proceeding, or arbitration to enforce these Terms or arising out of or relating to the Software, the prevailing party shall be entitled to recover its reasonable attorneys’ fees and costs to the extent permitted by applicable law.

21. Governing Law

These Terms are governed by the laws of the State of Texas, excluding conflict-of-law rules.

21.1 Changes to Terms. We may update these Terms from time to time. Continued use of the Software after changes become effective constitutes acceptance of the updated Terms.

21.2 Severability. If any provision of these Terms is held unlawful, void, or unenforceable, the remaining provisions remain in full force and effect.

21.3 Entire Agreement. These Terms, together with the Privacy Policy, Acceptable Use Policy, and Refund Policy, constitute the entire agreement between you and SendMate regarding the Software and supersede any prior or contemporaneous agreements or understandings.

21.4 Assignment. You may not assign or transfer these Terms or any rights or obligations under them without our prior written consent. SendMate may assign these Terms without restriction. Any purported assignment in violation of this section is void.

21.5 Survival. Sections that by their nature should survive termination — including but not limited to Sections 5, 7–18, 21, and 22 — will survive any expiration or termination of these Terms.

21.6 Waiver. The failure of SendMate to enforce any right or provision of these Terms will not constitute a waiver of such right or provision.

21.7 Force Majeure. SendMate will not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, pandemics, government actions, power or internet failures, or third-party service outages.

22. Dispute Resolution — Binding Arbitration; Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS.

22.1 Informal resolution first. Before initiating arbitration, you agree to attempt to resolve disputes informally through the in-app Support feature for at least 30 days.

22.2 Binding arbitration. Except for (a) claims that qualify for small claims court and (b) injunctive/equitable relief described below, any dispute arising out of or relating to the Software or these Terms will be resolved by final and binding arbitration, not in court.

22.3 Administrator and rules. Arbitration shall be administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules (or Commercial Rules if applicable).

22.4 Location/seat. The arbitration will take place in Travis County, Texas, and the seat of arbitration will be Travis County, Texas, unless the parties agree otherwise.

22.5 Class action waiver. You and SendMate agree that each may bring claims against the other only in an individual capacity and not as a plaintiff or class member in any purported class, collective, consolidated, or representative proceeding.

22.6 Injunctive relief carve-out. SendMate may seek injunctive or equitable relief in a court of competent jurisdiction to prevent unauthorized access, reverse engineering, competitive use, interference with service, disclosure of Confidential Information, or violations of Sections 9–12. To the extent permitted by applicable law, SendMate shall not be required to post a bond or other security as a condition for obtaining any injunctive or equitable relief.

22.7 Additional acknowledgement. By enabling or using any automation, scheduling, or messaging features in the Software, you reaffirm your agreement to these Terms and acknowledge your responsibility for all recipient consent and legal compliance.

22.8 Assent logging. When you accept these Terms or enable live/automation features, SendMate may record and retain a consent record consisting of: the timestamp of acceptance, the Terms version or effective date, the application version, a device or session identifier (which may be hashed), and, if collected in the ordinary course, your IP address. This record is used solely to document your acceptance of these Terms and is retained as described in the Privacy Policy.

23. Contact

Support requests and general questions must be submitted through the in-app Support feature.

24. Notices (Mail Only)

Legal notices and service of process to SendMate must be sent to:

Mint Strategies LLC (d/b/a SendMate)
c/o Registered Agent: Registered Agents Inc.
5900 Balcones Drive, Suite 100
Austin, TX 78731

Notices must be delivered by mail to the address above.

We do not accept legal notices via the in-app Support feature.