Clear Terms,Fair Service

Operator: NukeSend (the "Service") is operated by ZARKX LTD, a private limited company registered in the United Kingdom. In these Terms, "Company", "we", "us", or "our" refer to ZARKX LTD, and "you" or "User" refer to the individual or entity using NukeSend. Age and Eligibility: You must be at least 18 years old (or the age of majority in your jurisdiction) to use NukeSend. The Service is intended for businesses and professional use; it is not offered to consumers for personal, household use. Acceptance: By registering for an account, integrating NukeSend with your email services, or otherwise using the Service, you accept these Terms. We may update these Terms from time to time by posting the revised version on our website or notifying you. Continued use constitutes acceptance of the revised Terms.

NukeSend is a software-as-a-service email marketing platform providing tools to create, manage, and send email campaigns at scale. Our Service includes: • Email Sending Integrations: Connect your email accounts (Gmail, Outlook, Amazon SES, SendGrid) to send campaigns • Domain Purchasing & DNS Management: Purchase domains and simplified DNS setup for email deliverability • Campaign Management: Upload contact lists, design email content, schedule campaigns, and track analytics • Scalability: Infrastructure to send bulk emails while managing limits, bounces, and unsubscribe handling Third-Party Services: When using integrations, you're also using third-party services governed by their own terms. We facilitate these integrations but don't control third-party availability, security, or performance. Service Modifications: We reserve the right to add, modify, or remove features at any time with reasonable notice.

Account Creation: You must create an account with valid, accurate information. Each User or entity is allowed one account unless expressly permitted by us. Account Credentials: You're responsible for maintaining confidentiality of your login credentials. Don't share your username or password. Notify us immediately of any suspected unauthorized access. Third-Party Login: If you register via third-party services (Google OAuth), you authorize us to access information from that service as permitted by our Privacy Policy. You're responsible for compliance with the third-party account's security settings. Account Use: Use your account only for authorized purposes. Don't allow unauthorized access or use anyone else's account. All activity under your account is your responsibility.

Free Trial / Free Plan: We may provide free trials with limited features. Each user/organization gets one free trial unless otherwise permitted. Paid Plans: Offered on monthly or annual subscription basis. By signing up, you agree to pay subscription fees and applicable taxes. Billing: Fees billed in advance on recurring basis to your selected payment method. If payment fails, we may suspend access until payment is received. Auto-Renewal: Subscriptions automatically renew unless cancelled beforehand. You'll be charged the then-current subscription fee. No Refunds: All fees are non-refundable to the maximum extent permitted by law. Pre-paid fees won't be refunded except in specific circumstances. Taxes: You're responsible for any applicable taxes. We'll charge tax where legally required. Late Payments: Past due accounts may be suspended. Late payments may accrue interest at 1.5% per month.

User Uploaded Data: You retain ownership of data you provide. You grant us license to host, use, and process your data as necessary to provide the Service. Data Security: We implement appropriate technical and organizational measures to safeguard your data in accordance with industry standards and applicable laws. Retention and Deletion: Uploaded data retained until you delete or request deletion. Upon account termination, we'll delete or anonymize your data within reasonable time. Data Protection and Compliance: You control personal data you upload. Under GDPR, you're typically the "data controller" and NukeSend acts as "data processor." You must obtain necessary permissions from individuals whose data you upload. Data Processing Addendum: Available for GDPR compliance, outlining our respective obligations for personal data protection. Confidentiality: We treat your data as confidential and won't disclose to third parties except as needed for service provision or legal requirements.

Zero-Tolerance Spam Policy: No unsolicited bulk emails or spam. All campaigns must be permission-based with proper opt-ins. Prohibited Content: No illegal, harmful, offensive, defamatory, pornographic, violent, harassing, hateful, or discriminatory content. No malware, viruses, or malicious code. No Impersonation: Don't impersonate others or misrepresent your identity. No fake header information or deceptive subject lines. Compliance Requirements: Follow all anti-spam laws (CAN-SPAM, CASL, PECR). Include valid sender information and unsubscribe mechanisms. Technical Misuse: No hacking, unauthorized access, denial-of-service attacks, or circumventing security measures. No Reselling: Don't resell or provide mass mailing services to others without authorization. Enforcement Rights: We may monitor compliance and take action including suspension, termination, or reporting to authorities for violations.

Email Sending Services: When integrating external providers (Gmail, Outlook, Amazon SES), you must: • Authenticate and grant necessary permissions • Comply with each provider's terms of service • Accept responsibility for any fees they charge • Understand we don't guarantee their availability Domain Registration & DNS: When purchasing domains through our interface: • Actual registration fulfilled by third-party registrars • You must provide accurate ICANN-required information • Domains generally non-cancellable once registered • You retain ownership; we may assist with DNS setup • SSL certificates may be automatically obtained for secure functionality Third-Party Applications: Additional integrations may have separate terms. We don't guarantee accuracy or uninterrupted function. No Endorsement: Mention of third-party services doesn't imply affiliation or endorsement.

Our Intellectual Property: All rights in NukeSend Service, software, technology, and content (excluding your data) are owned by ZARKX LTD or licensors. Your License: We grant you limited, non-exclusive, non-transferable, revocable license to use NukeSend for internal business email marketing purposes only. Restrictions: You may not: • Reverse engineer or derive source code • Bypass access controls or use unauthorized methods • Scrape or data mine beyond intended use • Create derivative competing services • Remove or obscure proprietary notices Your Content: You retain rights to content you create. You grant us license to use your content only as necessary to provide the Service. Feedback: Any feedback you provide becomes our property for improvement purposes without obligation to you. Third-Party Materials: Service may include open-source components subject to their own licenses.

By You - Cancellation: Stop using NukeSend anytime via account settings. Paid plans remain active until end of billing period. No refunds for early cancellation. By Us - Suspension/Termination: We may suspend or terminate for: • Terms violations • Security risks • Fraudulent activity • Non-payment • Service discontinuation Process: In non-emergency cases, we'll attempt notification and opportunity to remedy. Immediate action may be taken if necessary. Effect: Upon termination, access ends and account/data deleted per Section 5. Prior obligations (fees owed) remain. Company Discontinuation: If we discontinue NukeSend, reasonable advance notice provided for data export. No Liability: We're not liable for termination conducted per these Terms.

"AS IS" SERVICE: NUKESEND PROVIDED ON "AS IS" AND "AS AVAILABLE" BASIS. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR PURPOSE, AND NON-INFRINGEMENT. No Guarantees: We don't guarantee the Service will: • Meet your specific requirements • Be error-free or uninterrupted • Achieve particular outcomes • Ensure email deliverability or inbox placement Email Deliverability: While we provide deliverability tools, we don't warrant emails will reach inboxes, avoid spam filters, or achieve specific response rates. Third-Party Disclaimer: We don't control integrated third-party services and make no warranty regarding their availability or performance. No Advice Warranty: Any guidance we provide is general in nature and not guaranteed to work for your situation. Consumer Rights: Nothing excludes non-waivable statutory rights in your jurisdiction.

Types of Damages: TO THE FULLEST EXTENT PERMITTED BY LAW, WE'RE NOT LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES INCLUDING: • Loss of profits or revenue • Business interruption • Loss of data or goodwill • Cost of substitute services Monetary Cap: OUR TOTAL LIABILITY WON'T EXCEED THE AMOUNT YOU'VE PAID IN THE 12 MONTHS PRECEDING THE CLAIM, OR £100 GBP, WHICHEVER IS GREATER. Scope: Limitations apply to all causes of action to maximum extent permitted by law. Some jurisdictions don't allow certain exclusions. Exceptions: Nothing excludes liability for: • Death or personal injury from negligence • Fraud or fraudulent misrepresentation • Other non-excludable liabilities under law Your Responsibilities: You're best positioned to avoid damages through proper use, compliance, and data backups.

Your Obligation: You agree to indemnify and hold harmless ZARKX LTD from claims, losses, damages, and expenses (including legal fees) arising from: • Your use of the Service • Breach of these Terms • Third-party rights infringement • Data/privacy law violations • Your other acts or omissions Examples: If third parties sue us because of your spam, content violations, or data breaches, you'll cover our losses and defense costs. Procedure: We'll notify you of claims promptly and permit you to control defense (with acceptable counsel), provided you demonstrate financial ability to cover the claim. Our Rights: We may participate in defense or assume control at our expense if needed. You can't settle without our consent if it admits fault or imposes obligations on us. Survival: Indemnification obligations survive termination of this Agreement.

Governing Law: These Terms governed by laws of England and Wales. Initial Resolution: Parties shall first attempt amicable negotiation for any disputes. Optional Arbitration: Either party may elect binding arbitration through London Court of International Arbitration (LCIA) under LCIA Rules. Seat: London, UK. Language: English. Court Jurisdiction: Subject to arbitration, disputes resolved exclusively in courts of England and Wales. Exceptions: Either party may seek small claims court relief or bring IP/confidentiality suits in appropriate jurisdiction. We may pursue collection without prior arbitration. Opt-Out: You may opt out of arbitration by written notice within 30 days of accepting these Terms. Individual Capacity: Disputes brought individually, not as class or representative proceedings where permitted by law. Legal Expenses: Prevailing party entitled to recover reasonable legal fees and costs.

For questions about these Terms or to contact us: Email: privacy@nukesend.com Address: ZARKX LTD 69 Keith Road Bournemouth, England BH3 7DT, United Kingdom Website: www.nukesend.com By using NukeSend, you acknowledge that you have read these Terms of Service, understand them, and agree to be bound by them. Ready to Transform Your B2B Outreach? Experience how intelligent personalization and simplified deliverability can build stronger relationships and drive real results.