User Agreement
SenderCircle Terms of Use & User Agreement
Last Updated: October 20, 2025
1. Introduction & Acceptance of Terms
By registering for an account on the SenderCircle platform ("SenderCircle," "we," "our," or "us"), you ("you," "your," or "User") agree to be bound by these Terms of Use & User Agreement ("Agreement"). This Agreement applies to all users of the platform, whether you register as a Publisher, Sponsor, or in any other capacity. If you do not agree with any part of this Agreement, you may not use or access the platform.
2. Eligibility & User Representations
You represent and warrant that: (a) you are at least 18 years old and have the legal capacity to enter into this Agreement; (b) you are authorized to act on behalf of any business entity or newsletter(s) you register; (c) all information you submit is truthful, accurate, and complete; (d) your participation does not and will not violate any applicable laws or third-party rights; (e) you will maintain compliance with all applicable laws including data protection laws (GDPR, CCPA, CAN-SPAM), advertising standards, and consumer protection regulations; (f) you have obtained all necessary consents, licenses, and permissions required for your use of the platform. You acknowledge that SenderCircle is not responsible for any false, misleading, or inaccurate information you provide, and you agree to indemnify SenderCircle for any claims arising from your misrepresentations.
3. Services Provided by SenderCircle
SenderCircle operates a platform that facilitates sponsorship opportunities between newsletter publishers and advertisers/sponsors. We provide access to advertising opportunities, campaign management tools, performance analytics, and payment processing services. We do not guarantee campaign performance, revenue, specific results, or access to particular publishers or sponsors. The availability of features and services may vary based on your account type and status.
4. Publisher-Specific Terms
If you register as a Publisher, the following additional terms apply: (a) you represent that you own or have proper rights to the subscriber list(s) associated with your newsletter; (b) you have obtained all necessary consents from subscribers for data sharing and commercial communications; (c) all traffic, clicks, opens, and engagement metrics generated from your newsletter must be genuine and from real human subscribers; (d) you will not engage in, facilitate, or knowingly permit any fraudulent, artificial, or non-human traffic generation including but not limited to bot traffic, click farms, automated clicking, incentivized clicks, or any other form of invalid traffic; (e) you will immediately report any suspected fraudulent activity to SenderCircle; (f) you will cooperate fully with any SenderCircle investigation into traffic quality or fraud. Violation of these provisions may result in: immediate account suspension or termination, forfeiture of all unpaid earnings, clawback of previously paid commissions for up to 12 months, and monetary penalties of up to $100,000 USD per violation, plus SenderCircle's costs and attorney's fees.
5. Sponsor-Specific Terms
If you register as a Sponsor, the following additional terms apply: (a) you represent that you have the right to advertise the products, services, or content you submit to the platform; (b) all advertising materials, creatives, and content you provide must be truthful, accurate, and comply with applicable advertising standards and regulations; (c) you will not submit content that is illegal, deceptive, infringing, hateful, harassing, discriminatory, sexually explicit, promoting violence, or otherwise violates applicable laws or platform policies; (d) you are responsible for ensuring your advertisements comply with all relevant regulations including FTC guidelines, FDA requirements, financial regulations, and industry-specific standards; (e) you will provide clear and accurate campaign requirements, targeting criteria, and performance expectations; (f) you acknowledge that campaign performance depends on various factors outside SenderCircle's control; (g) you will pay all amounts owed according to the agreed payment terms and will not dispute legitimate charges or initiate chargebacks without prior written notice and good faith attempt to resolve disputes; (h) you grant SenderCircle permission to review, approve, or reject any advertising content at our sole discretion.
6. Data Access, Storage & Use
By registering, you grant SenderCircle permission to access, collect, store, and analyze data related to your use of the platform, including but not limited to: account information, campaign data, performance metrics, subscriber data, advertising content and performance, IP addresses, and additional data points acquired through third-party enrichment tools. This data will be used for internal analytics, platform performance evaluation, reporting, fraud detection, matching advertisers with appropriate publishers, and platform improvement. SenderCircle will not sell personal data or disclose it in personally identifiable form to third parties except as necessary for platform operations. We reserve the right to use anonymized or aggregated data for commercial purposes and to share data with third-party fraud detection and analytics services.
7. Campaign Participation, Content Standards & Compliance
All campaign participation is voluntary and subject to mutual agreement between Publishers and Sponsors. Publishers are not required to accept any campaign, and Sponsors are not guaranteed placement with any specific Publisher. However, by participating in a campaign, all parties agree to: (a) comply with the agreed campaign terms and specifications; (b) maintain professional standards and comply with all applicable regulations including FTC disclosure requirements; (c) not engage in any practices that could harm other users' brands or reputation; (d) include all mandatory disclaimers, disclosures, and legal notices as specified; (e) provide accurate reporting and performance data; (f) respect intellectual property rights and use only approved content and materials. Publishers specifically agree to: run approved creatives exactly as provided, place advertisements appropriately with proper disclosure, include clear unsubscribe links in all sponsored content, and include any mandatory disclaimers required by law or campaign terms. Sponsors specifically agree to: provide accurate and compliant advertising materials, respect Publishers' editorial guidelines and audience, and ensure all content meets legal and regulatory requirements. Failure to comply with campaign terms may result in immediate campaign termination, forfeiture of payments, and potential legal liability.
8. Payment Terms, Fees & Financial Protections
Payment terms vary based on user type and specific agreements. For Publishers: SenderCircle will issue payments on or around the 15th of each month for revenue earned during the previous calendar month, subject to verification and fraud review. SenderCircle retains a commission on all payments as specified in campaign terms, with rates subject to change at our sole discretion. For Sponsors: Payment terms will be specified in individual campaign agreements and may include upfront payments, milestone payments, or performance-based payments. All users agree that: (a) SenderCircle's tracking and reporting systems are authoritative for performance metrics and payments unless otherwise agreed in writing; (b) disputes regarding metrics or payments must be raised within 10 days of the relevant reporting period; (c) SenderCircle may withhold payments pending investigation of suspected fraud, disputes, or compliance issues; (d) previously paid amounts may be clawed back for up to 24 months if fraud, material breach, or chargebacks occur; (e) all taxes, duties, and fees arising from payments are the user's responsibility; (f) unpaid amounts may accrue interest and collection costs; (g) payment methods and currency conversion fees may be deducted from payments.
9. Confidentiality & Non-Circumvention
You agree to: (a) maintain strict confidentiality of all information obtained through the platform including user information, rates, campaign details, and SenderCircle business information; (b) not circumvent SenderCircle by working directly with any user introduced via the platform during the term of this Agreement and for a period of 24 months after termination; (c) not solicit or encourage other users to leave the platform or engage in direct relationships; (d) not use any information obtained through SenderCircle to identify, contact, or engage with other users outside the platform. For purposes of this Agreement, "introduced via the platform" includes any user whose information, identity, or business details you learned about through your use of SenderCircle, regardless of prior knowledge. Direct engagement with platform users outside the platform constitutes a material breach. Breach of these obligations will result in: payment of SenderCircle's standard fees on any resulting revenue for 24 months, liquidated damages of $50,000 per relationship, immediate account termination, forfeiture of all pending payments, and liability for attorney's fees and costs.
10. Intellectual Property
You retain all rights to your original content, subject to the licenses granted herein. SenderCircle retains all rights to its platform, technology, branding, algorithms, and related materials. Campaign content and advertising materials remain the property of their respective owners. You grant SenderCircle a perpetual, irrevocable, worldwide license to use your data, content, and performance metrics for business purposes, fraud detection, platform improvement, and marketing (in anonymized or aggregated form). You represent and warrant that you have all necessary rights to grant these licenses and that your content does not infringe third-party rights.
11. User Indemnification
You agree to indemnify, defend, and hold harmless SenderCircle, its officers, directors, employees, and agents from and against all claims, damages, losses, costs, and expenses (including reasonable attorney's fees) arising from or relating to: (a) your breach of this Agreement; (b) your content, practices, or use of the platform; (c) fraudulent, invalid, or non-compliant activity; (d) violations of applicable laws or third-party rights; (e) your misrepresentation of data, metrics, or information; (f) any claims by third parties related to your activities on or use of the platform; (g) your failure to comply with campaign terms or legal requirements. This indemnification obligation survives termination of this Agreement.
12. Disclaimers & Limitation of Liability
SenderCircle provides the platform "as is" without warranties of any kind, express or implied. We disclaim all warranties including merchantability, fitness for purpose, and non-infringement. We are not responsible for: platform downtime, technical issues, data loss, user nonpayment or misrepresentation, user content or practices, campaign results, third-party claims, lost revenue, or consequential damages. We do not guarantee the accuracy, completeness, or reliability of user-provided information or campaign performance. To the fullest extent permitted by law, SenderCircle's total liability is limited to the lesser of (a) $1,000 or (b) amounts paid by or to you in the 90 days preceding any claim. These limitations apply regardless of the theory of liability and survive termination.
13. Termination, Suspension & Breach Remedies
SenderCircle may immediately suspend or terminate your account for: (a) fraud, invalid activity, or material breach; (b) violation of applicable laws or platform policies; (c) harm to SenderCircle's reputation or business; (d) non-payment of amounts owed; (e) at our sole discretion with or without notice. You may terminate your account at any time, but remain liable for all obligations incurred prior to termination. Upon termination: all rights and licenses terminate immediately, you must cease use of SenderCircle materials and data, confidentiality and non-circumvention obligations survive for 24 months, unpaid amounts become immediately due, and we may retain your data for legal and business purposes. The following provisions survive termination: Sections 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, and 17. Termination does not limit other remedies available to SenderCircle.
14. Compliance Monitoring & Audit Rights
SenderCircle reserves the right to: (a) monitor, audit, and investigate your activities and compliance with this Agreement; (b) access your account data and analytics; (c) engage third-party services for fraud detection, compliance monitoring, and verification; (d) require documentation, certifications, or additional information; (e) implement technical measures to detect invalid activity or policy violations. You agree to cooperate fully with any audit or investigation and provide requested information within 5 business days. You agree to maintain accurate books and records related to your platform activities for at least three years and to provide reasonable access to such records upon request. Failure to cooperate may result in immediate account suspension or termination.
15. Amendments to the Agreement
SenderCircle may update, modify, or amend this Agreement at any time, in its sole discretion, with or without prior notice. Changes may be made for any reason including but not limited to business requirements, legal compliance, risk management, or operational considerations. Notice of changes may be provided through posting on the platform, email notification, or other reasonable means, however, SenderCircle reserves the right to implement changes immediately without advance notice when deemed necessary. Your continued use of the platform after any changes constitutes your acceptance of the modified Agreement. If you disagree with any changes, your sole remedy is to terminate your account and discontinue use of the platform.
16. Miscellaneous Provisions
This Agreement: (a) constitutes the entire agreement and supersedes all prior agreements; (b) may only be modified in writing signed by SenderCircle; (c) is binding on successors and assigns; (d) remains enforceable if any provision is invalid; (e) shall not be construed against the drafter. No waiver of any breach constitutes waiver of future breaches. This Agreement creates no partnership, joint venture, or agency relationship. Time is of the essence. Headings are for convenience only. Each party is an independent contractor and no employment or fiduciary relationship is created. SenderCircle may assign this Agreement without restriction; you may not assign or transfer this Agreement without SenderCircle's prior written consent. Neither party is liable for delays or failures due to events beyond its reasonable control. All notices may be provided by email or through the platform and are deemed given when sent. You represent and warrant compliance with applicable anti-bribery, anti-corruption, export control, and economic sanctions laws. You agree to comply with all applicable privacy and marketing laws and to promptly notify SenderCircle of any security incident or data breach.
17. Governing Law & Dispute Resolution
This Agreement is governed by New York law without regard to conflict of law principles. You irrevocably consent to the exclusive jurisdiction of state and federal courts in New York County, New York. For claims under $10,000, disputes shall be resolved through binding arbitration under AAA Commercial Rules, with arbitration costs borne by the losing party. SenderCircle may seek injunctive relief in any court of competent jurisdiction. You waive any right to jury trial and class action participation.
By registering for a SenderCircle account, you agree to these Terms of Use & User Agreement.