Welcome to PersonaSend.
These Terms of Service ("Terms") govern your access to and use of PersonaSend.com, its AI-assisted email writing features, email sending functionality, templates, contact tools, paid plans and related products and services (together, the "Service").
In these Terms, "PersonaSend," "we," "us," and "our" mean the business that operates PersonaSend.
By creating an account, buying a plan, accessing the Service, or otherwise using PersonaSend, you agree to these Terms. If you do not agree, you must not use the Service.
1. What PersonaSend does
PersonaSend provides tools that help you write personalized emails with artificial intelligence and send them from email inboxes that you connect, such as a Gmail or Google Workspace account or another email account you connect with its mail server settings.
The Service includes AI-written and AI-assisted email drafts; professional and industry-specific email templates; contact importing, saved lists, free email address checks and optional research of a contact's public company website; personalization based on information you supply; scheduled sending with follow-ups; open and click tracking; reply and bounce detection for inboxes connected with mail server settings; unsubscribe handling; account and campaign management tools; paid plans; and other features we may add over time.
PersonaSend is a technology platform. We do not decide whom you contact, whether you have permission or another lawful basis to contact them, or whether a particular message is appropriate or lawful.
You remain responsible for your use of the Service and for every message you generate or send through it. Emails are sent from your own connected inboxes, under your name.
2. Account eligibility
You must be at least 18 years old and legally able to enter into a binding agreement to use PersonaSend.
If you use PersonaSend for a business, organization, employer or other entity, you confirm that you have authority to bind that entity to these Terms.
You must give accurate account information, confirm your email address, and keep your login details secure. You are responsible for activity that happens through your account unless applicable law says otherwise.
Tell us promptly at help@personasend.com if you believe your account has been compromised.
3. AI-generated content
PersonaSend uses artificial intelligence to help write email content.
AI-generated content can contain errors, inappropriate wording, inaccurate assumptions or other unwanted material. PersonaSend does not guarantee that generated content will be accurate, complete, unique, legally compliant, suitable for a particular recipient, or right for your purpose.
You must review generated content before you use or send it. PersonaSend shows you the drafts before a campaign goes out, and lets you edit them.
You are responsible for deciding whether an email should be sent and whether its content complies with applicable laws, professional obligations, contracts and industry standards.
PersonaSend does not provide legal, medical, financial, employment or other professional advice through generated emails or templates.
Templates and pages made for lawyers, doctors, real estate professionals, recruiters or other professions are writing tools only. Their availability does not mean that a particular use complies with the rules that govern that profession.
4. Your recipient data
When you give PersonaSend a recipient's email address, name, company, job, website, background notes or other information, you confirm that you are legally allowed to provide and process that information for your intended purpose.
You must not submit sensitive or confidential information unless you have the legal authority and an appropriate basis to do so.
You are responsible for deciding whether applicable privacy, marketing, confidentiality, professional secrecy, data protection or electronic communications laws allow your intended use.
5. Email and anti-spam compliance
You may not use PersonaSend to send unlawful or abusive email.
You are responsible for complying with the laws and regulations that apply to your messages and recipients, which may include anti-spam, electronic marketing, privacy and data protection laws. Different requirements may apply depending on where you and your recipients are located.
You agree not to:
- send deceptive, fraudulent or materially misleading messages;
- falsify sender identities, routing information or email headers;
- use deceptive subject lines;
- impersonate another person or organization without authorization;
- send messages to recipients where the communication is prohibited by applicable law;
- keep sending marketing messages to recipients who have validly opted out where the law requires you to honor that request;
- use purchased, harvested, scraped, stolen or unlawfully obtained email lists;
- use PersonaSend mainly to distribute unsolicited bulk email;
- promote scams, phishing, malware, illegal products or services, or fraudulent schemes;
- try to get around sending limits, abuse controls, suppression lists or account restrictions; or
- use more than one account to avoid a suspension or termination.
To help you follow these rules, PersonaSend adds an unsubscribe link and your mailing address to every campaign email, stops sending to people who unsubscribed or whose address is known to have bounced, and limits how many emails each inbox sends per day. These tools do not replace your own legal obligations.
Our separate Spam Policy forms part of these Terms.
6. Monitoring and abuse prevention
We may use automated and manual systems to detect suspected fraud, spam, abnormal sending behavior, security threats, policy violations, excessive bounces or complaints, or other misuse.
Where reasonably necessary to protect PersonaSend, recipients, our infrastructure, our service providers or other users, we may investigate activity on an account, including campaign content and contact lists.
We may limit sending, pause campaigns, temporarily suspend an account, permanently close an account, refuse messages, restrict features, or ask for more verification when we reasonably believe an account presents a security, fraud, abuse, compliance or deliverability risk.
Serious violations may lead to immediate action without advance notice.
7. Suspension and termination
We may suspend or close access to PersonaSend when we reasonably decide that:
- these Terms or our Spam Policy have been materially violated;
- the account is being used for fraud, phishing, spam, harassment or other abuse;
- the account creates an unreasonable security or deliverability risk;
- a payment is overdue, reversed, fraudulent or unauthorized;
- continuing the service could expose PersonaSend or someone else to legal or regulatory risk; or
- suspension or termination is required by law, or by an infrastructure, payment or service provider whose services we need to run PersonaSend.
You can stop using PersonaSend at any time and delete your account yourself in Settings. Deleting your account removes your data as described in our Privacy Policy.
Termination for a material violation does not entitle you to a refund for services already provided or used, except where applicable law requires otherwise.
We may keep relevant account and transaction records after suspension or termination where reasonably necessary for fraud prevention, dispute handling, security, accounting, enforcing these Terms, or complying with legal obligations.
8. Plans and billing
Every account starts on the Free plan, which lets you explore the app and see a limited number of AI sample emails but does not send campaigns. To send, you buy a paid plan.
Paid plans include a monthly email allowance, a number of sender inboxes and other limits shown on the pricing page. Prices are in US dollars and are shown on the pricing page and at checkout. You can pay for one month or for one year at a time.
By buying a paid plan, you authorize PersonaSend and its payment providers to charge the amount shown, plus any applicable taxes or payment network fees shown at checkout.
Prepaid plans do not renew by themselves. When you pay with a method that does not renew (such as cryptocurrency), your plan runs until the end date shown in Settings. We email you a few days before it ends so you can renew. When the paid time ends, your account goes back to the Free plan; your campaigns and contacts stay.
If we offer a plan that renews automatically, the renewal terms and billing frequency will be shown before you buy it. You are responsible for cancelling before the next renewal date if you do not want it to renew.
If you buy more time on the same plan, the new time is added after your current end date. If you move to a different plan, the new plan starts right away and the value of the unused time on your old plan is added to it as extra time.
Unused monthly emails do not carry over to the next month. Your email allowance, AI drafts and other plan limits have no cash value and cannot be transferred or exchanged for cash.
Cryptocurrency payments. Crypto payments are processed by NOWPayments. A plan switches on once the payment is confirmed on the blockchain for the full amount. Crypto payments cannot be reversed by us or by you. Please check the coin, network and amount before you pay: funds sent to the wrong address or network, or below the amount asked for, may not be recoverable.
9. Refunds
Because PersonaSend provides digital services and computing resources that may be used immediately after purchase, payments are generally non-refundable once the purchased service has been used, generated, consumed or otherwise delivered.
Nothing in these Terms limits a refund, cancellation or withdrawal right that cannot lawfully be waived.
Please read our Refund Policy for full details.
10. Payment disputes and chargebacks
If you believe a charge was made incorrectly, was duplicated, or was unauthorized, please contact us first at help@personasend.com so that we can look into it.
Nothing in these Terms removes any dispute or chargeback right that cannot legally or contractually be waived. However, starting a payment dispute does not by itself cancel your obligations or show that a properly authorized charge was invalid.
When a payment is disputed, PersonaSend may give the payment processor, bank, card network or other relevant financial institution the information reasonably needed to respond. This may include transaction and invoice information; the version of these Terms you accepted; account registration information; relevant IP address and device information; login and account activity; usage records, such as emails written and sent; relevant support messages; records of cancellation or refund requests; and information about account suspension, abuse or policy violations where relevant.
Where permitted by law and payment network rules, we may contest disputes that we reasonably believe are invalid, abusive, or inconsistent with the services actually bought and delivered.
A payment dispute may lead to temporary restriction of the affected account while it is investigated. We may close accounts involved in fraudulent payments or repeated abuse of the dispute process.
11. Prohibited uses
PersonaSend must not be used for phishing or credential theft; financial fraud or impersonation; malware distribution; extortion or threats; unlawful harassment; illegal discrimination; deceptive business practices; unlawful collection or use of personal information; infringement of intellectual property rights; illegal goods or services; attempts to bypass technical restrictions or account limits; or any activity that violates applicable law.
We may update our abuse controls as new threats appear.
12. Intellectual property
PersonaSend's website, software, interfaces, branding, logos, templates, documentation and underlying technology are owned by PersonaSend or its licensors and are protected by intellectual property laws.
Subject to these Terms, we give you a limited, non-exclusive, non-transferable, revocable right to use the Service for its intended purpose.
You may not copy, reverse engineer, resell, sublicense, scrape, reproduce or commercially exploit the PersonaSend platform except as we expressly allow or applicable law permits.
13. Your content
As between you and PersonaSend, you keep whatever rights you have in the content and information you submit to the Service, including your contacts, campaigns and templates.
You give PersonaSend the rights reasonably needed to host, process, transmit and otherwise handle that content to provide, secure, maintain and improve the Service, as described in our Privacy Policy. We do not use your content to train AI models.
Your rights in AI-generated output may depend on applicable law and the rights of others. PersonaSend does not guarantee that generated output is unique or can be protected by copyright.
14. Third-party services
PersonaSend relies on third-party services for AI processing, email delivery, cloud hosting, payment processing, security and other functions. They are listed in our Privacy Policy.
Your use of some integrations, such as connecting a Google account or paying through NOWPayments, is also subject to that provider's own terms.
Google and other email providers set their own sending limits and rules. We are not responsible for outages, restrictions, policy changes or failures caused by third-party services beyond our reasonable control.
15. Service availability
We work to keep the Service reliable, but PersonaSend is provided on an "as available" basis.
We do not guarantee uninterrupted availability, specific delivery rates, inbox placement, open rates, replies, conversions, sales or other business results.
16. Disclaimer of warranties
TO THE MAXIMUM EXTENT PERMITTED BY LAW, PERSONASEND AND THE SERVICE ARE PROVIDED "AS IS" AND "AS AVAILABLE."
WE DISCLAIM WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND ACCURACY, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE, TO THE EXTENT SUCH WARRANTIES MAY LAWFULLY BE DISCLAIMED.
Some jurisdictions do not allow certain warranty exclusions, so parts of this section may not apply to you.
17. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PERSONASEND AND ITS OWNERS, OFFICERS, EMPLOYEES, CONTRACTORS, AFFILIATES AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, DATA, BUSINESS OPPORTUNITIES OR GOODWILL ARISING FROM YOUR USE OF THE SERVICE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, PERSONASEND'S TOTAL LIABILITY ARISING FROM OR RELATING TO THE SERVICE WILL NOT EXCEED THE AMOUNT YOU PAID TO PERSONASEND DURING THE 12 MONTHS BEFORE THE EVENT THAT GAVE RISE TO THE CLAIM.
Nothing in these Terms excludes liability that cannot legally be excluded or limited.
18. Indemnification
To the extent permitted by applicable law, you agree to indemnify and hold harmless PersonaSend and its affiliates, officers, employees, contractors and agents from third-party claims, liabilities, damages, losses and reasonable costs arising from your unlawful use of the Service, your violation of these Terms, your messages or recipient data, or your infringement of someone else's rights.
19. Changes to the Service or these Terms
We may change the Service and these Terms from time to time.
When changes are material, we will give notice in a way that suits the circumstances, such as updating this page, showing a notice in your account, or sending you an email. If you keep using PersonaSend after the changes take effect, the updated Terms apply.
20. Governing law and disputes
These Terms are governed by the laws of the country where PersonaSend's operator is established, without regard to conflict of law principles, except where applicable consumer law requires otherwise.
If you have a dispute with us, please contact us first so we can try to resolve it informally. If we cannot resolve it within 30 days, the courts of that country will have jurisdiction, unless the law where you live gives you the right to bring the claim in your local courts.
Nothing in this section takes away protections that a consumer cannot lawfully waive.