1. Who we are, and the words we use
DTCSend is provided by Xploriz Digital FZ-LLC, a company licensed in the Ras Al Khaimah Economic Zone (RAKEZ), United Arab Emirates, licence no. 46000593, registered address BIZ00217, Compass Building, Al Shohada Road, Al Hamra Industrial Zone-FZ, Ras Al Khaimah, United Arab Emirates (“we”, “us”). Contact: hello@dtcsend.com.
These words mean the same in these Terms, the Privacy Policy, the Data Processing Agreement and the Refund Policy:
- Service: the DTCSend web application, its website and related support.
- Customer or you: the business or organisation that accepts these Terms. If you accept for a business, you confirm you have authority to bind it.
- Authorised User: a person you allow to use the Service under your account, including people invited to a brand as owner, editor or viewer.
- Brand Workspace: the area of the Service for one brand, holding its Brand Kit, products, assets, reviews and proof, and campaigns.
- Customer Content: anything you or your Authorised Users put into the Service, including text, briefs, brand guidelines, logos, fonts, photos, product data, reviews and website addresses.
- Output: copy, email designs, images and other results the Service generates for you.
- Usage Limits: the monthly limits on emails, AI images and other actions shown in the Service, and any limit on the number of brands.
- Personal Data: information about an identifiable person.
- Sub-processor: a company we use to process Customer Personal Data, listed in Annex III of the Data Processing Agreement.
2. The beta, and business use only
2.1 The Service is an invite-only beta. It is free of charge during the beta. It may be incomplete, may contain errors, and may change or stop working without notice.
2.2 The Service is for business use only. You confirm that you are using it for your trade, business, craft or profession, and not as a consumer. You must be at least 18 years old to use it.
2.3 We may change, limit or end the Service or the beta at any time. If we decide to end the beta we will try to give you at least 30 days’ notice by email, so you can download your emails and ask for your data.
2.4 If we later introduce paid plans, we will tell you the price and terms first. You will not be charged unless you agree to them. Paddle.com will be the Merchant of Record for those orders, and our Refund Policy at dtcsend.com/refund will apply.
3. Accounts and access
3.1 You are responsible for your Authorised Users, for what they do in the Service, and for keeping login details safe. Tell us straight away at hello@dtcsend.com if you think an account has been compromised.
3.2 Invitations and login details are personal and may not be shared. Each Brand Workspace has roles (owner, editor, viewer). Owners decide who has access, and only an owner can delete a brand.
4. Usage Limits and fair use
4.1 The Usage Limits shown in the Service apply to your account. We may change them, raise them for you, or lower them on reasonable grounds, for example to keep the Service available for everyone or to control the cost of AI providers.
4.2 AI features may pause for a time when a limit is reached, or when a limit applied across the whole Service is reached. Fair use also means you must not try to get around the limits, for example by creating several accounts.
5. Acceptable use
You must not use the Service, or let anyone else use it, to:
- break any law, or send email to people without a lawful basis (for example without the consent or other permission that anti-spam law requires);
- create false, misleading or deceptive content, including invented reviews, testimonials, ratings, customer numbers, press quotes, stock levels or deadlines;
- make health, medical, or other regulated claims about a product (for example that it cures, treats or heals) unless you hold the evidence and approvals the law requires;
- infringe anyone’s rights, including copyright, trade marks, privacy and image rights, or upload people’s photos without their permission;
- create sexual content, content involving minors, hate, harassment, or content that depicts a real person doing or saying something they did not do or say;
- upload special categories of Personal Data (such as health data) or the personal details of your email subscribers or customers, beyond names and quotes in reviews you have the right to use;
- upload malware, probe or attack the Service, get around its security or access controls, or access another customer’s data;
- copy the Service, scrape it, resell it, or use it or its Output to build a competing product or to train AI models;
- use the Service in a way that breaks the usage policies of our AI providers (Anthropic, OpenAI, Photoroom), which we may pass on to you.
6. Your content
6.1 You own your Customer Content. We claim no ownership of it.
6.2 You give us a worldwide, non-exclusive, royalty-free licence to host, copy, process, adapt and display Customer Content, and to send it to our Sub-processors, only as needed to provide, secure and support the Service for you. This licence ends when the content is deleted, except for the copies described in section 12 and the Privacy Policy.
6.3 We do not use Customer Content or Output to train AI models, and we do not sell it. We will not show your brand or your work publicly without your written permission.
6.4 You confirm you have all the rights and permissions needed for your Customer Content, including from the people shown in photos, the authors of reviews, and the owners of fonts and logos. Where the Service asks you to confirm a right (for example a customer’s photo, a model’s permission, or that a review is real), you are responsible for that confirmation being true.
7. AI features and Output
7.1 The Service uses artificial intelligence to plan, write, analyse and generate content. AI can make mistakes. Output may be inaccurate, incomplete, or similar to content generated for others.
7.2 You must review all Output before you use it. You alone decide what to send and you are responsible for it, including checking that every claim, price, offer, deadline and link is correct and lawful. The Service’s checks and warnings help you but do not replace your review, and passing them is not a legal opinion.
7.3 As between you and us, you own the Output, to the extent the law allows ownership of it. We give you the rights we hold in it. In some countries, purely AI-generated content may not be protected by copyright, and we cannot promise that it is.
7.4 Labelling AI content. AI images are marked as AI-generated inside the Service. If the law requires you to tell recipients that content is AI-generated or AI-altered (for example realistic images of people under Article 50 of the EU AI Act), that disclosure is your responsibility.
7.5 Real products and people. You must not use AI features to misrepresent a product or a person. The Service asks for the model’s permission before it makes AI variations of a photo of a person. You confirm that permission when you tick that box.
7.6 Reviews and proof. The Service does not invent reviews, ratings, press quotes, customer numbers, deadlines or stock levels for real emails. If you enter or import them, they must be genuine and you must be allowed to use them.
8. Your sending, and connected services
8.1 The Service creates emails. You send them, through your own email platform and under your own account. You alone are responsible for your email marketing, including your lists and consents, unsubscribe links, sender details, and compliance with laws such as GDPR, the ePrivacy Directive, UK PECR, CAN-SPAM and the rules of each country you send to.
8.2 Klaviyo keys. When the Klaviyo connection is available, you may give us a private API key for your Klaviyo account. You must only connect accounts you are allowed to manage. We store the key encrypted and use it only for actions you start or confirm, within the permissions explained when you connect. You can remove it at any time. You stay responsible for your Klaviyo account and for anything you confirm being created, scheduled or sent there. We do not send a campaign without your explicit confirmation.
8.3 Shopify and websites. If you connect a Shopify store or import from a website, you confirm that you own or manage it, or have permission to use its content. We read the public product feed and public pages only. We do not read customers’ or orders’ details from your store.
8.4 We are not responsible for third-party services you connect, and their own terms apply to you. If one of them changes or stops working, the related feature may stop too.
9. Hosted images, and deleting a brand
9.1 Images in your emails and downloads are hosted by the Service. If you delete a brand, or your account is deleted, its hosted images are removed, and those images will stop showing in every email already sent or exported. This cannot be undone. Move images to your own hosting first if you need them to keep working.
9.2 We do not delete hosted images automatically because time has passed, or because you have stopped using the Service, while your account exists. They are removed when you delete the brand or your account, when the Service ends under section 2.3 or section 15, or when you ask us to remove them.
10. Data protection
10.1 Our Privacy Policy explains how we use Personal Data as a controller, such as account details.
10.2 When we process Personal Data in Customer Content for you, the Data Processing Agreement at dtcsend.com/dpa applies and forms part of these Terms. By accepting these Terms you also accept it, including the Standard Contractual Clauses where they apply. You are the controller (or a processor for your client), and we are your processor (or sub-processor).
11. Our rights, and feedback
11.1 We and our licensors own the Service, including its software, section designs and templates, and the DTCSend name. We give you a limited, non-exclusive, non-transferable right to use the Service during the beta, and a perpetual right to use the section designs as they appear in emails you created with the Service.
11.2 If you send us feedback, we may use it freely, without paying you and without any duty to you. We keep your feedback message private and do not publish your name with it without your permission.
12. Exporting and deleting your data
12.1 You can download finished emails (HTML or ZIP) at any time. If you need other Customer Content, email hello@dtcsend.com and we will provide it in a common format within 30 days.
12.2 Owners can delete a brand themselves. That removes its Brand Kit, products, assets, campaigns, reviews and proof, jobs and stored files, for every member. To delete your whole account, email hello@dtcsend.com.
12.3 Copies may stay for a short time in backups and logs as described in the Privacy Policy. Some records stay as described there, without the deleted brand’s name where we can remove it.
13. Confidentiality
Each of us will keep the other’s non-public information confidential, use it only for this agreement, and protect it with reasonable care. This does not cover information that is public, already known, independently developed or lawfully received from someone else, or that must be disclosed by law. Your unreleased campaigns are confidential. The state of the beta, and its problems, are ours: please do not publish them without asking us.
14. No warranties
The Service is a free beta, provided “as is” and “as available”, with no warranty of any kind, express or implied, including that it will be uninterrupted, error-free or fit for a particular purpose, that Output will be accurate, lawful, unique or free of third-party rights, that emails will display correctly in every email program, or that they will be delivered or perform well. This section does not exclude anything the law does not allow to be excluded.
15. Suspension and ending
15.1 You can stop using the Service at any time.
15.2 We may suspend or end your access, in whole or part, if we reasonably believe you have broken these Terms, if your use creates a security, legal or cost risk, if an AI or other provider requires it, or if you do not respond to our questions about your use. We will tell you why where we reasonably can. We may also end access for any reason at the end of the beta or on 30 days’ notice.
15.3 While an account is suspended, its login stops working and queued AI jobs stop. Its data and hosted images stay in place unless you ask us to delete them, or we end the account. If we end your account we will, unless the reason prevents it, give you 30 days to ask for your data before we delete it.
15.4 Sections that by their nature should continue will continue after this agreement ends, including 6.4, 7.2, 9, 12 to 14, and 16 to 19.
16. Liability
16.1 Nothing in these Terms limits liability for death or personal injury caused by negligence, for fraud or deliberate wrongdoing, or for anything else that cannot be limited by law. Nothing limits the rights of individuals under the Standard Contractual Clauses.
16.2 Subject to 16.1, neither of us is liable for loss of profit, revenue, business, goodwill or data, for emails sent or not sent, or for indirect or consequential loss, even if we were told it could happen.
16.3 Subject to 16.1, our total liability arising from or connected with the Service and this agreement, including the Data Processing Agreement, for all claims together, is limited to the greater of (a) the amounts you paid us for the Service in the 12 months before the claim, and (b) USD 100.
17. Your indemnity
You will defend and compensate us for claims, fines, losses and reasonable costs brought by others or by a regulator that result from your Customer Content, from emails you send or anything you publish using Output, from a confirmation in the Service that was not true, or from your breach of section 5 or 8. We will tell you promptly about the claim, and let you take part in handling it.
18. Changes to these Terms
18.1 We may change these Terms, the Privacy Policy and the Data Processing Agreement. Each version has a number and date. For a material change we will tell you by email or in the Service at least 14 days before it applies, unless the change is needed sooner for legal or security reasons.
18.2 We will ask you to accept the new version when you next log in. Your acceptance, with its version and time, is recorded. If you do not accept, you may not continue to use the Service, but you can still ask us for your data under section 12.
19. General
19.1 Order of documents. If the documents conflict, the Standard Contractual Clauses come first, then the Data Processing Agreement (for Personal Data), then these Terms.
19.2 Neither of us is liable for delay or failure caused by events beyond reasonable control, including failure of a provider or of the internet. You may not transfer this agreement without our written permission. We may transfer it to a group company or a successor of the business, after telling you. If part of these Terms is unenforceable, the rest stays in force. Not enforcing a right is not giving it up. These Terms are the whole agreement about the Service. Nobody else has rights under it except as the Standard Contractual Clauses provide. Notices to you go to the email address on your account, and notices to us to hello@dtcsend.com.
19.3 Governing law and courts. These Terms are governed by the law of the United Arab Emirates, and its courts at Ras Al Khaimah have jurisdiction, without limiting any mandatory rights. The Standard Contractual Clauses have their own governing law, as stated in the Data Processing Agreement.