Terms of Service

1. Who we are and accepting these terms

CapySend is an email workspace for B2B teams and their AI agents. The service is operated by TO CONFIRM: legal entity name and address.

By using CapySend or accepting these terms, you agree to them. If you accept these terms for a company, you confirm that you are authorized to bind that company. These terms are for business users. If you do not agree, do not use the service.

2. Your account and workspace

You need an account to use CapySend. Each workspace has an owner. The workspace owner is responsible for the workspace, its members, and its use of the service.

An email address can be an active member of only one workspace across CapySend.

You must keep your password and API keys secure. You are responsible for all actions taken by your agents and by anyone using your API keys.

3. Acceptable use

You must follow our Acceptable Use Policy. It prohibits, among other things:

• sending to purchased lists;
• cold blasting to addresses with no prior contact or lawful basis; and
• phishing.

You must also follow applicable anti-spam and privacy laws.

4. Your data

You own your Customer Data, including emails and contacts in your workspace. We process Customer Data only to provide the service and as you instruct.

See our Privacy Policy and Data Processing Addendum for details.

We do not use your email content to train any model. We do not sell personal information.

5. Sending channels and AI providers

You may use your own sending channel, such as your Amazon SES account, your Resend account, or SMTP. You may also use your own AI model provider through any OpenAI-compatible API.

You choose these providers and contract with them directly. You must follow their terms. We are not responsible for those providers.

Hosted sending is an add-on. It requires an application and manual review. We may refuse or revoke hosted sending.

6. Plans, trials and price lock

The Free plan is $0 with no time limit. The Pro plan is $19 per seat per month or $180 per seat per year (about $15 per seat per month). See Pricing for what each plan includes.

The 14-day Pro trial requires no card. It does not auto-charge at the end and does not become a paid subscription automatically.

We lock your price for 12 months.

The Enterprise plan is a private deployment. It is quoted per project and requires a separate contract.

7. Billing, renewal and cancellation

All payments are processed by Creem. Creem is the Merchant of Record. Creem collects payments, calculates and remits VAT or sales tax, issues invoices, and handles chargebacks. We do not store full card numbers.

Prices exclude tax. Tax is calculated at checkout based on your location. Creem issues electronic invoices. Chinese VAT invoices (fapiao) are not available.

Subscriptions renew automatically: monthly plans renew monthly, and annual plans renew annually. We remind you 7 days before an annual renewal.

You can cancel anytime. Cancellation takes effect at the end of the current billing period.

You can add or remove seats. You cannot reduce seats below your current active member count.

8. Refunds

If you request a refund within 14 days of the first paid subscription payment for a workspace, you get a full refund, no questions asked. This applies to both monthly and annual payments. Email [email protected] with your workspace and order number.

Other refunds are covered by our Refund Policy.

Refunds go back through Creem to the original payment method. Timing depends on your bank.

9. Suspension and termination

We may suspend sending or your workspace if you breach these terms or our Acceptable Use Policy.

Before we suspend sending, we will notify you and state the reason. You can appeal. A human will review your appeal within 48 hours.

For serious abuse—such as phishing, malware, or an ongoing large-scale complaint event—we may suspend first and notify you afterward. TO CONFIRM: whether this exception is accepted

While sending is suspended, you can still receive mail, view your workspace, and export your data.

You can close your workspace at any time. See Section 10.

We may terminate your workspace if you breach these terms or the Acceptable Use Policy.

10. Closing your workspace, export and deletion

Only the workspace owner can close a workspace. To confirm, the owner must re-enter the workspace name.

After you close it, the workspace becomes read-only immediately. It will continue to receive incoming email. You can still view and export data. You can restore it within 90 days.

After 90 days, we permanently delete all data in that workspace. Copies in backups expire as backups rotate.

Workspace admins can download a full export at any time in Settings → Workspace. The export does not include passwords, key hashes, channel passwords, signing keys, DKIM private keys, AI keys, or other credentials.

On the Free plan, email is kept for 90 days. On the Pro plan, email is kept for 2 years. TO CONFIRM: how retention applies after a downgrade from Pro to Free

11. Our intellectual property and open source

The service and our brand belong to us.

CapySend is built on Open Agent Email, an open-source project licensed under Apache-2.0. Open-source components remain under their own licenses.

If you send us feedback, we may use it.

12. Service changes and availability

We may improve or adjust features.

We do not promise any availability percentage. An SLA is available only in an Enterprise contract.

We do not guarantee delivery rates or inbox placement.

13. Disclaimers

The service is provided “as is.” To the extent the law allows, we make no implied warranties.

14. Limitation of liability

We will not be liable for indirect losses.

Our total liability for claims related to the service will not exceed TO CONFIRM: liability cap, e.g. fees paid in the 12 months before the claim.

15. Changes to these terms, governing law

We may change these terms. We will give you advance notice of changes TO CONFIRM: notice period.

These terms are governed by TO CONFIRM: governing law and venue.

16. Contact

Questions about these terms? Email [email protected].