Terms of Service

Last updated: June 8, 2026 Version: 1.0

These Terms of Service ("Terms") are a binding agreement between you ("you," "your," or "Customer") and Kyuzo Corporation, a Nevada corporation doing business as Senders ("Senders," "we," "our," or "us"), governing your access to and use of the Senders platform, the Senders MCP server, the customer portal, the application programming interfaces, and all related services (together, the "Service").

You accept these Terms by (i) accessing or using the Service, (ii) clicking to accept them, or (iii) accepting them in any other way. If you do not agree, you may not access or use the Service.

Please read Section 13 (Dispute Resolution; Arbitration; Class Action Waiver) carefully. It requires most disputes to be resolved by individual binding arbitration and waives your right to participate in a class or representative action. It also contains a 45-day right to opt out of arbitration.

Auto-renewal notice: Paid subscriptions renew automatically for successive terms equal to the prior term unless cancelled as described in Section 6.

1. Definitions

1.1 "AUP" means the Acceptable Use Policy, available at /aup and incorporated into these Terms by reference.

1.2 "Authorized User" means an individual you authorize to use the Service under your account, such as an employee, contractor, or teammate.

1.3 "Customer Data" means all data, content, and information you or your Authorized Users submit to or generate through the Service, including uploaded contact lists, campaign content, sequence inputs, mailbox content accessed through your connected accounts, and account information.

1.4 "DPA" means the Data Processing Addendum, available at /dpa and incorporated into these Terms by reference.

1.5 "Prospect Data" means business contact information relating to third-party recipients that you upload, import, or access, source, or surface through the Service, including names, job titles, employers, and business email addresses.

1.6 "Privacy Policy" means the policy available at /privacy and incorporated into these Terms by reference.

1.7 "Service" has the meaning given above and includes the Senders MCP server, the customer portal, the APIs, deliverability and warmup tooling, the AI Sequence Builder, and all updates and related functionality.

1.8 "Subscription" means a paid plan you select, as described at checkout or in an order or plan confirmation.

2. The Service and How It Works

2.1 MCP-first design. The Service is designed to be operated primarily through a Model Context Protocol ("MCP") connection to a large language model client of your choosing (for example, Claude or ChatGPT). When you operate the Service through your own LLM client, that client is controlled by you and your relationship with that LLM provider is governed by your agreement with them, not by these Terms. We are not responsible for your LLM client or its provider.

2.2 The portal. The customer portal exists for actions that require direct human interaction, such as billing, mailbox authentication, and account configuration.

2.3 Connected accounts. The Service connects to your email mailboxes and related accounts (for example, Google or Microsoft mailboxes) through a third-party connection provider so that the Service can send messages and read replies on your behalf. You authorize us and our sub-processors to access those accounts solely to provide the Service. You may revoke access at any time, which may disable affected functionality.

2.4 Changes to the Service. We may add, modify, or remove features at any time. We may also suspend or discontinue the Service or any part of it. We will use reasonable efforts to notify you of material adverse changes.

3. License and Ownership

3.1 License to you. Subject to these Terms, we grant you a non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service during the term solely for your internal business-to-business purposes.

3.2 Our ownership. We and our licensors own all right, title, and interest in and to the Service, including all software, interfaces, APIs, models of operation, and all intellectual property rights in them. These Terms grant you no rights in the Service except the limited license in Section 3.1. Any feedback you provide may be used by us without restriction or obligation.

3.3 Your ownership. As between you and us, you own your Customer Data. You grant us a worldwide, non-exclusive, royalty-free license to host, process, transmit, and display Customer Data, and to access your connected accounts, solely to provide and support the Service and as described in the Privacy Policy and DPA. We do not sell Customer Data, we do not use Customer Data to build or enrich any shared or cross-customer dataset, and we do not pool one customer's uploaded data for the benefit of another customer.

3.4 Our marks. "Senders" and our logos are our trademarks and may not be used without our prior written permission.

4. AI-Generated Content

4.1 The Service includes an AI Sequence Builder and related features that generate or process content using third-party artificial intelligence providers. When you use these features, the inputs you submit (which may include campaign content and the context you provide) are transmitted to the applicable AI provider to return a result. The AI providers we use are identified in the Privacy Policy and DPA.

4.2 You are solely responsible for reviewing, editing, and ensuring the accuracy, appropriateness, and legal compliance of any AI-generated content before you use or send it. We make no warranty regarding the accuracy, quality, tone, originality, or legal compliance of AI-generated content, which may contain errors.

4.3 You will not submit to any AI feature any data you are not permitted to disclose, and you will not submit sensitive personal data as described in Section 7.4.

5. Your Accounts and Acceptable Use

5.1 Account registration. You must provide accurate account information and keep it current. You are responsible for all activity under your account.

5.2 Account security. You are responsible for safeguarding your credentials and for restricting access to authorized individuals. Notify us promptly at [email protected] of any suspected unauthorized access. We do not guarantee that the Service cannot be compromised, and you remain responsible for activity occurring under your account.

5.3 Authorized Users. You are responsible for your Authorized Users' compliance with these Terms. All Authorized Users must be at least 18 years old. The Service is for business use only and is not directed to consumers or minors.

5.4 Acceptable use. Your use of the Service is subject to the AUP. A violation of the AUP is a material breach of these Terms.

6. Fees, Billing, and Renewal

6.1 Fees. You agree to pay the fees for the Subscription you select. Fees are stated at checkout or in your plan confirmation. Payment is processed by our third-party payment processor; we do not store full payment card details.

6.2 Auto-renewal. Paid Subscriptions renew automatically at the end of each term for a successive term of equal length at the then-current rate, unless you cancel before the renewal date through the portal or by contacting [email protected].

6.3 Non-refundable. Except where required by law or expressly stated otherwise, fees are non-refundable, including for partially used periods. We may, at our discretion, offer a credit or refund in a given instance without obligation to do so again.

6.4 Taxes. Fees are exclusive of taxes. You are responsible for all applicable taxes other than taxes on our net income.

6.5 Late payment. Overdue amounts may accrue interest at the lower of 1.5% per month or the maximum permitted by law. We may suspend or terminate the Service for non-payment.

6.6 Changes to fees. We may change fees effective as of your next renewal term, with notice.

7. Customer Data; Your Representations

7.1 Your responsibility for Customer Data and Prospect Data. You are solely responsible for Customer Data and Prospect Data and for your sending activity. You represent and warrant that you have all rights, lawful bases, consents, and authority necessary to provide that data to us, to authorize our processing of it, and to send the communications you send through the Service, in each case without violating any law or third-party right.

7.2 You are the controller of Prospect Data. For Prospect Data, including data you upload and data you source, access, or surface through the Service (including through any data-sourcing feature), you act as the data controller. You determine the purposes and means of contacting those individuals and you are responsible for establishing a lawful basis for that contact, for providing any required notices, and for honoring opt-out and objection requests. We act as your processor for that data and provide the opt-out and suppression mechanisms described in the DPA and the Do-Not-Contact and Opt-Out Policy. We do not provide notices to, or obtain consent from, those individuals on your behalf.

7.3 Compliance with marketing laws. You are responsible for complying with all laws applicable to your communications, including the CAN-SPAM Act, CASL, the TCPA, the GDPR and UK GDPR, and applicable U.S. state privacy laws.

7.4 No sensitive data. You will not submit to the Service any data that is sensitive under applicable law, including health information, financial account data, government identifiers, or special-category personal data, except for the routine business contact information the Service is designed to process.

7.5 Suspension for misuse. If we reasonably believe your use of the Service violates these Terms, the AUP, or any law, or threatens the security, integrity, or reputation of the Service or our sending infrastructure, we may suspend or limit your access, with or without notice, to mitigate the risk. We will determine such matters in our reasonable discretion.

8. Third-Party Services and Sub-processors

8.1 The Service relies on third-party sub-processors to operate, including for sending, mailbox connection, payment, prospect data, email verification, warmup, and AI features. The current list of sub-processors is maintained in the DPA and the Privacy Policy. Your use of any third-party service you separately choose to connect is at your own risk and governed by your agreement with that third party.

9. Disclaimers

9.1 THE SERVICE AND ALL DATA PROVIDED THROUGH IT ARE PROVIDED "AS IS" AND "AS AVAILABLE" TO THE MAXIMUM EXTENT PERMITTED BY LAW. WE DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

9.2 WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT ANY DATA, INCLUDING PROSPECT DATA OR AI-GENERATED CONTENT, IS ACCURATE, COMPLETE, OR CURRENT. SUCH DATA IS COMPILED FROM THIRD-PARTY SOURCES AND MAY CONTAIN ERRORS OR OMISSIONS, AND YOUR USE OF AND RELIANCE ON IT IS AT YOUR OWN RISK.

9.3 WE DO NOT WARRANT ANY PARTICULAR EMAIL DELIVERABILITY, INBOX PLACEMENT, OPEN, REPLY, OR DELIVERABILITY OUTCOME, AND WE ARE NOT RESPONSIBLE FOR BLACKLISTING, DOMAIN OR MAILBOX REPUTATION, OR ACTIONS TAKEN BY MAILBOX PROVIDERS OR THIRD PARTIES. YOU ARE SOLELY RESPONSIBLE FOR VERIFYING THE LEGALITY AND ACCURACY OF ANY DATA AND CONTENT BEFORE ACTING ON IT.

9.4 Some jurisdictions do not allow certain disclaimers, so some of the above may not apply to you; in that case the disclaimers apply to the fullest extent permitted by law.

10. Limitation of Liability

10.1 No indirect damages. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS, ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

10.2 Cap. TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE TOTAL AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM.

10.3 These limitations apply regardless of the theory of liability and are a fundamental basis of the bargain between us. Some jurisdictions do not allow certain limitations, in which case our liability is limited to the fullest extent permitted by law.

11. Indemnification

11.1 You will defend, indemnify, and hold harmless Senders and its affiliates, officers, directors, employees, and agents from and against any third-party claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to (i) your use of the Service, (ii) your Customer Data or Prospect Data, (iii) your communications sent through the Service, (iv) your breach of these Terms or the AUP, or (v) your violation of any law or third-party right.

11.2 We will promptly notify you of the claim, give you control of the defense (subject to our right to participate with our own counsel), and reasonably cooperate. You may not settle any claim in a way that imposes any obligation or liability on us without our prior written consent.

12. Confidentiality

12.1 Each party may receive non-public information of the other that is marked or should reasonably be understood as confidential ("Confidential Information"). The receiving party will use the same degree of care it uses for its own confidential information (and no less than reasonable care), will use Confidential Information only to perform under these Terms, and will not disclose it except to representatives with a need to know who are bound by similar obligations.

12.2 Confidential Information does not include information that is public through no fault of the receiving party, was already known to it, is received from a third party without restriction, or is independently developed. A party may disclose Confidential Information if required by law, after giving reasonable notice where permitted.

13. Dispute Resolution; Arbitration; Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.

13.1 Agreement to arbitrate. You and Senders agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service ("Dispute") will be resolved by binding individual arbitration, except as expressly provided below. Arbitration means a neutral arbitrator, not a judge or jury, decides the Dispute.

13.2 Federal Arbitration Act. The Federal Arbitration Act governs the interpretation and enforcement of this Section.

13.3 Pre-arbitration demand. Before initiating arbitration, you must send an individualized notice titled "Pre-Arbitration Demand" to [email protected] describing the Dispute and the relief sought and including your name, account email, and signature. The demand must concern only a single individual or entity. If the Dispute is not resolved within sixty (60) days, either party may begin arbitration. Completing this step is a condition precedent to arbitration, and the arbitrator must dismiss any filing made without it.

13.4 Arbitration procedure. Arbitration will be administered by JAMS under its rules then in effect (excluding any rules permitting class or representative proceedings). The seat of arbitration is New York, New York. Hearings will be held by videoconference unless the parties agree otherwise. The arbitrator has exclusive authority to resolve issues of arbitrability, except that only a court may decide the validity of the Class Action Waiver in Section 13.6. Each party bears its own attorneys' fees unless the law or the arbitrator provides otherwise. Where your non-frivolous claim does not exceed $75,000, we will pay the filing and arbitrator fees.

13.5 Confidentiality of arbitration. The parties will keep the arbitration and all materials exchanged confidential, except as needed to enforce an award or as required by law.

13.6 Class action waiver. YOU AND SENDERS AGREE THAT EACH MAY BRING CLAIMS ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate claims or preside over any representative action. If this waiver is found unenforceable, the entirety of this Section 13 is null and void.

13.7 Mass-filing / bellwether procedure. If twenty-five (25) or more arbitration demands of a substantially similar nature are filed against us by or with the coordination of the same or coordinated counsel within a 180-day period (a "Mass Filing"), the demands will be resolved in staged bellwether proceedings: each side will select up to eight (8) demands to proceed first (sixteen total), and all other demands will be held in abeyance, with all applicable limitations periods and filing deadlines tolled, and no fees due on the held demands. After the bellwether proceedings conclude, the parties will participate in a global mediation administered by JAMS to attempt to resolve the remaining demands. If the remaining demands are not resolved within thirty (30) days after that mediation, they may then be filed and administered individually. This procedure does not create any class, collective, or consolidated proceeding, and the outcome of any bellwether has no preclusive effect on any other demand.

13.8 45-day right to opt out. You may opt out of this arbitration agreement by emailing [email protected] with the subject line "ARBITRATION OPT-OUT" within forty-five (45) days of first accepting these Terms, including your name and account email. Opting out does not affect any other part of these Terms.

13.9 Carve-outs. Either party may (i) bring an individual action in small-claims court for a qualifying Dispute, and (ii) seek injunctive or other equitable relief in court to protect its intellectual property or Confidential Information or to address unauthorized access or use.

13.10 Changes. We will give 30 days' notice of material changes to this Section. Changes apply to claims not yet filed. If you do not agree, you may opt out under Section 13.8 within the notice period.

13.11 Survival. This Section survives termination of these Terms.

14. Term, Termination, and Suspension

14.1 Term. These Terms apply while you have an account or use the Service.

14.2 Termination for cause. Either party may terminate for the other's material breach not cured within thirty (30) days of written notice (ten (10) days for non-payment).

14.3 Termination for convenience. You may cancel your Subscription as described in Section 6. We may terminate or suspend the Service for convenience with reasonable notice.

14.4 Effect of termination. On termination, your right to use the Service ends and we may deactivate your account and delete Customer Data in accordance with the retention schedule in the Privacy Policy. Suppression and opt-out records are retained indefinitely as required to honor opt-outs.

14.5 Survival. Sections 3.2, 6 (for accrued amounts), 7, 9, 10, 11, 12, 13, 14.4, 14.5, and 16 survive termination.

15. Export and Sanctions

You represent that you are not located in, and will not use the Service on behalf of anyone in, a country or for any person subject to U.S. or other applicable sanctions or embargoes, and that you will comply with all applicable export-control and sanctions laws.

16. General

16.1 Governing law. These Terms are governed by the laws of the State of New York, without regard to conflict-of-laws rules. Any Dispute not subject to arbitration will be resolved exclusively in the state or federal courts located in New York, New York, and the parties consent to personal jurisdiction there.

16.2 Entire agreement; precedence. These Terms, together with the AUP, Privacy Policy, DPA, and any plan confirmation, are the entire agreement between the parties regarding the Service. In case of conflict, the order of precedence is: DPA, these Terms, then the other linked policies.

16.3 Changes to these Terms. We may update these Terms by posting a revised version and updating the "Last updated" date, or by other notice. Material changes take effect as stated in the notice; your continued use after the effective date constitutes acceptance. Section 13 changes are governed by Section 13.10.

16.4 Assignment. You may not assign these Terms without our consent. We may assign them in connection with a merger, acquisition, or sale of assets.

16.5 Independent contractors. The parties are independent contractors; these Terms create no partnership, agency, or employment relationship.

16.6 Severability; waiver. If any provision is unenforceable, the rest remains in effect. A waiver is effective only if in writing.

16.7 Notices. Legal notices to us must be sent to [email protected]. We may give you notice through the Service or to your account email.

16.8 Equitable relief. Breach of confidentiality, data, or license restrictions may cause irreparable harm for which money damages are inadequate, and the non-breaching party may seek injunctive relief without posting a bond.

17. Contact

Kyuzo Corporation d/b/a Senders General: [email protected] Support: [email protected] Privacy and data requests: [email protected] Legal notices: [email protected]