Terms of Service

Sendout (getsendout.com) is a newsletter platform for K–8 educators, operated by Deseret Code Studios LLC, a Utah limited liability company ("Sendout," "we," "us"). By creating an account or using Sendout, you agree to these Terms of Service. If you don't agree, please don't use Sendout.

You must be at least 18 years old (or the age of majority where you live) and use Sendout in your capacity as an educator or administrator. You're responsible for your account, for keeping your sign-in credentials secure, and for everything that happens under your account.

By using Sendout you agree not to create, publish, or distribute content that:

• Is obscene, pornographic, sexually explicit, or violent
• Promotes hate speech, discrimination, or harassment
• Is illegal under applicable law, including material that exploits minors
• Infringes the intellectual property rights of others
• Contains spam, malware, or deceptive material
• Discloses personally identifiable information about minors without parental consent

Sendout reserves the right to remove content and suspend or terminate accounts that violate this policy, at our sole discretion and without prior notice.

Sendout is designed for use by K–8 educators. We take student privacy seriously:

• Do not publish newsletters that contain protected student education records as defined under FERPA (20 U.S.C. § 1232g) without appropriate authorization.
• Do not collect or publish personally identifiable information about children under 13 without verifiable parental consent, as required by COPPA.
• Sendout does not knowingly collect personal data directly from children under 13. Our platform is intended for use by educators (adults), not students.

If you believe a newsletter on Sendout violates student privacy, please use the report button on that newsletter or contact us directly.

When you add contacts or send newsletters to parents and guardians, you represent and warrant that:

• You have the right to store the contact information you upload and to send these people newsletters;
• You will obtain any consent required by your school, district, or applicable law; and
• You will not use Sendout to send unsolicited bulk email (spam).

As between you and Sendout, you are the controller of your contact data, and Sendout processes it on your behalf to provide the service. You will promptly honor any request from one of your contacts to be removed.

You retain ownership of the content you create on Sendout. By publishing a newsletter, you grant Sendout a limited, non-exclusive license to host, store, and display that content to the viewers you share it with, solely to operate the service.

You are solely responsible for ensuring your content complies with all applicable laws and does not violate the rights of others. Sendout is not responsible for user-generated content published on the platform.

Sendout may review and remove content that we believe violates these terms, applicable law, or the rights of others, and may do so without prior notice. We may suspend or terminate the accounts of repeat violators. To report a newsletter that you believe violates these terms, use the flag icon on any published newsletter page.

We work to keep Sendout running smoothly, but we provide it on an ongoing, best-efforts basis. We may modify, suspend, add, or discontinue features, and may set reasonable usage limits, at any time. We are not liable for any change to or discontinuation of the service.

Sendout is provided "as is" and "as available," without warranties of any kind, whether express or implied, including the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that Sendout will be uninterrupted, secure, or error-free, or that any data will not be lost.

To the maximum extent permitted by law, Deseret Code Studios LLC and its members will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of data, profits, or goodwill, arising from or related to your use of Sendout. Our total liability for any claim relating to Sendout is limited to the greater of (a) the amount you paid us in the twelve months before the claim, or (b) US $100.

You agree to indemnify and hold harmless Deseret Code Studios LLC from any claims, damages, or expenses (including reasonable legal fees) arising out of your content, your contacts or mailing lists, your violation of these terms, or your misuse of Sendout.

For full details on what we collect and how we use it, see our Privacy Policy. In summary: we do not sell your data, newsletters are noindexed by default to protect student information, and you can delete your account and all associated data at any time.

These terms are governed by the laws of the State of Utah, USA, without regard to its conflict-of-laws rules. You agree that any dispute relating to these terms or to Sendout will be resolved exclusively in the state or federal courts located in Utah, and you consent to their jurisdiction.

We may update these terms from time to time. Continued use of Sendout after changes are posted constitutes acceptance of the updated terms. The date at the top of this page reflects when these terms were last modified.

Questions about these terms? Email us at support@getsendout.com, or write to Deseret Code Studios LLC, Lehi, Utah, USA.