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.

Send window timezone. SendMate schedules and sends messages within the send window you configure, evaluated in your local timezone (or the timezone associated with your Follow Up Boss account). SendMate does not attempt to detect or convert send times into the recipient's local timezone. You are solely responsible for ensuring your send window complies with the TCPA quiet-hours rule (8:00 AM – 9:00 PM in therecipient's local timezone) and any state-specific quiet hours, and for restricting your contact list to recipients whose timezones are compatible with your configured send window.

6.1 SendMate Notifications SMS Program

Program name: SendMate Notifications.

Program description: Transactional SMS notifications sent to SendMate account holders, including: (a) alerts when a lead replies to your outbound message, (b) new lead assignments, (c) daily activity summaries, (d) account and billing notifications, (e) phone verification codes during signup, and (f) for users of the call and voicemail integration, missed call and voicemail transcript notifications.

Opt-in. You opt in by creating an account at https://mysendmate.com, checking the SMS consent box, and verifying your phone number via a one-time SMS code during signup. Phone verification confirms consent to receive transactional SMS notifications.

Message frequency. Message frequency varies based on account activity and notification settings.

Message and data rates may apply.

Opt-out: Reply STOP to any message to unsubscribe from all SendMate SMS notifications. After opting out, you will receive one confirmation message and no further messages will be sent. To re-subscribe, reply START.

Help: Reply HELP at any time to receive help information, or contact us at Hello@MySendMate.com or mysendmate.com/help.

Carrier disclaimer. Carriers (including AT&T, T-Mobile, Verizon, Sprint, U.S. Cellular, Boost, MetroPCS, and others) are not liable for delayed or undelivered messages.

Privacy. Your mobile phone number is used solely to deliver the SMS notifications described above and is not sold, rented, or shared with third parties for marketing purposes. See our Privacy Policy for full details on how SMS data is handled.

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

13.1 Fees; renewal; cancellation. Fees are billed in advance and renew automatically unless you cancel before the renewal date. You may cancel at any time from Settings → Billing inside the app. Cancellation takes effect immediately: your subscription ends, sending stops, and you will need to reactivate the subscription before you can send again. Section 13.2 describes the refund you receive when a subscription ends this way.

13.2 Prorated refund on full cancellation. When you cancel your subscription in full, and no active SendMate plan remains on your billing account, we refund the unused portion of the current billing period to the payment method used for the charge, prorated. In the ordinary course this refund is issued automatically by our billing system at the time you cancel, and you do not need to contact us. How quickly it reaches your account is controlled by our payment processor, your card issuer and the card network, and is normally 5 to 10 business days. Where an automatic refund cannot be completed — for example where the original transaction has already been adjusted, or where the processor limits the amount that may be adjusted against it — we will show the amount as pending in your account, and we will resolve it with you when you contact us at Hello@MySendMate.com. Cancelling a subscription does not refund a one-time service purchased under Section 13.4, and does not refund a billing period you have already used in full.

13.3 Third-Party Service Fees. Certain optional features (such as DNC & compliance screening) are powered by third-party providers and billed directly by those providers at their published rates. SendMate may receive a referral fee or revenue share from such providers at no additional cost to you. Per-lookup rates are set by the third-party provider, not by SendMate.

13.4 One-time services; White Glove Setup. White Glove Setup, and any other onboarding, migration or configuration service we sell for a single fee, is a one-time professional service. It is not part of your subscription, it is not included in any plan, and it is billed separately as a single charge at the price shown to you when you buy it. You may cancel a one-time service and receive a full refund at any time before it is delivered. Once it is delivered, the fee is not refundable, because the work has been performed. A one-time service is delivered when either (a) the scheduled session takes place and you, or a person you designate, attends it, or (b) you do not attend a session you scheduled and you did not cancel or reschedule it at least 24 hours before its start time. Where a service includes more than one session, it is delivered when the last of those sessions is delivered on that basis. Where a service instead provides a set number of hours across a stated period, it is delivered when that period ends or when those hours have been used, whichever comes first. Each one-time service states the period within which its sessions must be booked, shown to you before you buy and again in your confirmation email; if that period ends with sessions unbooked, the service is delivered at the end of it. We will always try to accommodate a late booking — contact us at Hello@MySendMate.com and we will schedule you where we reasonably can. For every one-time service we record the date of purchase, the date you booked, the scheduled date and time of each session, and the date we confirmed it delivered. Cancelling your subscription, or deleting your SendMate account, does not refund a one-time service. If you are dissatisfied with a delivered session, contact us at Hello@MySendMate.com and we will schedule a further session at no additional charge.

13.5 Setup Guarantee. If you purchase White Glove Setup and, after your session is delivered, SendMate is not sending follow-ups from your connected Follow Up Boss account, tell us within 30 days of the session and we will, at your choice, either complete the setup at no further charge or refund the one-time service fee in full. For this purpose, sending is live once SendMate has successfully sent at least one follow-up message from your connected Follow Up Boss account. This guarantee covers the one-time service fee only and does not cover subscription fees. It does not apply where setup cannot be completed for reasons outside our control, including your Follow Up Boss account being suspended, closed or restricted by its provider, or your not giving us the access or information we asked for.

13.6 Who charges you. Payments for SendMate are processed by Paddle, which is the merchant of record and the seller of record for your purchase. Paddle, not SendMate, charges your payment method, issues your invoice, and handles applicable tax. For that reason your card or bank statement will show the charge as coming from Paddle rather than from SendMate. If you see a charge you do not recognise, email Hello@MySendMate.com and we will identify it for you, normally the same business day. Your purchase is also subject to the payment processor’s own buyer terms.

13.7 Digital delivery; immediate access. SendMate is a digital service delivered immediately. Your licence and your access to the Software begin as soon as your payment completes, and you may download and use the Software straight away. Delivery of a one-time service purchased under Section 13.4 is governed by that section.

13.8 Billing questions — please contact us first. If you believe a charge is wrong, please email Hello@MySendMate.com, or use the Support feature inside the app, before you contact your bank or card issuer. We aim to reply within one business day, and we will refund any charge we agree was made in error. This is a request, not a condition. Nothing in these Terms limits any right you have with your card issuer, your bank, or under applicable law to dispute a charge.

13.9 Payment disputes and chargebacks. If a chargeback or payment dispute is filed against a charge on your account, that charge is unpaid while the dispute is open. We may suspend your access to the Software for as long as the dispute is open, and we may keep it suspended until the amount is settled or the dispute is resolved in a way that leaves the charge paid. If you are a team owner, a suspension under this section also pauses access for the members of your team, because their access is provided under your subscription. When a dispute is resolved, access is restored after review by our support team; contact Hello@MySendMate.com to have the suspension cleared. We may decline to provide further service to an account on which a chargeback has been filed, and we may require any outstanding amount to be settled before an account is reinstated.

13.10 Billing and usage records. To answer billing questions and to respond to payment disputes, you agree that SendMate may retain, and may provide to its payment processor, records relating to your account and your purchase. These may include: the acceptance record described in Section 22.8; your account registration details; the software downloads and the devices registered to your account; the dates, times and network addresses of sign-ins to your account; records of your use of the Software, such as the number of messages sent and the dates on which they were sent; the purchase, booking, scheduling and delivery records for any one-time service described in Section 13.4; delivery records for emails we sent to you; and your correspondence with SendMate support. SendMate does not store the content of the messages you send through the Software; that content remains on your device. These records are retained and handled as described in the Privacy Policy.

14. Suspension; Termination

14.1 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.

14.2 Suspension for unpaid or disputed charges.SendMate may also suspend access where a charge for your account is unpaid, has been reversed, or is the subject of an open payment dispute, as described in Section 13.9. A suspension under this section is not a determination that you have violated these Terms.

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; incorporated policies; order of precedence. These Terms, together with the Privacy Policy (mysendmate.com/privacy), the Acceptable Use Policy (mysendmate.com/acceptable-use), and the Refund and Account Credit Policy (mysendmate.com/refund), each as published with the effective date shown on that page, constitute the entire agreement between you and SendMate regarding the Software, and supersede any prior or contemporaneous agreements or understandings. If those documents conflict, these Terms control, then the Acceptable Use Policy, then the Refund and Account Credit Policy, then the Privacy Policy — except that the Privacy Policy controls on any question of how SendMate collects, uses, discloses or retains personal information.

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. Filing a chargeback or payment dispute with your card issuer or bank is not the initiation of arbitration and is not governed by this Section 22. Sections 13.8 and 13.9 apply to payment disputes.

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.