Terms of Service

Status: Operating entity confirmed (Chykalophia Group, LLC, Illinois). Specific clauses below still awaiting counsel review before V1 production cutover. The structure follows current B2B SaaS practice (subscription terms, AI/data-use restrictions, mutual indemnification, limited liability with carve-outs, CARL-compliant auto-renewal, data-processing addendum by reference).

Plain-language summary#

You sign up; we run the product; you pay for it; either of us can leave with notice. We don't own your data or your client relationships. You don't own our software. We do not train AI on your data. There's a money-back guarantee on your first paid month. If we mess something up, our liability is capped (with some exceptions). If you misuse the product, you indemnify us. Real detail follows below.

1. Acceptance#

By creating an account, signing in, or using the SendBriefs service (the "Service"), you agree to these Terms of Service (the "Terms"). If you don't agree, don't use the Service.

These Terms form a binding contract between you (the "Customer" — the individual or entity accepting these Terms and using the Service) and Chykalophia Group, LLC, an Illinois limited liability company that operates the SendBriefs product (referred to as "Chykalophia," "we," "us," or "our").

If you accept these Terms on behalf of a company or other legal entity, you represent that you have actual authority to bind that entity, and the terms "Customer" and "you" refer to that entity. If you do not have that authority, do not accept these Terms.

You must be at least 18 years old (or the age of majority where you live, if different) to use the Service.

These Terms incorporate by reference our Privacy Policy and our list of Sub-processors. Together they form the "Agreement."

2. The Service, in one paragraph#

SendBriefs is a hosted platform for generating, branding, approving, scheduling, and delivering recurring client reports ("Briefs") from connected data sources. You connect your data sources, build a brief template, optionally invite team members and clients, and we render and ship the rendered briefs on the schedule you set. You bring the content, the relationships, and the brand; we run the technical plumbing.

3. Your account#

3.1 Registration#

You agree to provide accurate, current, and complete information at signup and to keep it up to date. You are responsible for all activity that occurs under your account.

3.2 Credentials and security#

You are responsible for safeguarding your login credentials and any API keys we issue you. You must enable multi-factor authentication (MFA) where the Service supports it. Notify us immediately at security@sendbriefs.com if you suspect unauthorized access to your account, an API key has been disclosed, or any other security incident affects your account.

3.3 Suspension for suspected compromise#

We may suspend an account that we reasonably believe has been compromised, pending verification that the legitimate owner has regained exclusive control. We will restore access promptly upon verification.

3.4 Affiliates#

You are fully responsible for the acts and omissions of any Affiliate (any entity that directly or indirectly controls, is controlled by, or is under common control with you) that uses the Service under your account. Payment obligations apply regardless of which Affiliate actually used the Service.

4. Subscriptions, billing, and trials#

4.1 Plans#

Plans, prices, and per-client allotments are listed at sendbriefs.com/pricing. The plan you select at signup or upgrade determines your included client allotment, integration cap, support tier, and feature set.

4.2 Billing cycle#

Billing is monthly or annual, in advance, charged via Stripe. Annual subscriptions receive a discount as displayed at checkout. Currency is US Dollars unless otherwise specified at checkout.

4.3 Free trial#

A 14-day free trial is available for new accounts. No credit card is required to begin. If you do not subscribe to a paid plan by the end of the trial, your account is suspended and your data is retained per §15 below.

4.4 Money-back guarantee#

Your first paid month is refundable in full for any reason within 30 days of the first charge, no questions asked. Email billing@sendbriefs.com to claim. This guarantee applies once per customer; it does not apply to recurring charges after the first paid month or to re-subscriptions.

4.5 Auto-renewal (please read carefully)#

Your subscription will automatically renew at the end of each billing cycle for another cycle of the same length, at the then-current price, until you cancel.

Checkout is performed via Stripe Checkout (operated by Stripe, Inc. on our behalf as a sub-processor — see Subprocessors §2.3). At checkout, Stripe displays the recurring-charge disclosure required by Cal. Business & Professions Code §§17600–17606 (cycle length, recurring price, that the subscription continues until cancelled, and the cancellation method) in visual proximity to the consent mechanism. Your completion of the Stripe Checkout flow — including any affirmative consent confirmation Stripe presents — constitutes your express affirmative consent to the recurring charges. Stripe records and retains the timestamp, IP address, and consent metadata associated with each subscription, and makes that record available to us on request, for at least three years from the date you cancel.

After signup, we send you a transactional acknowledgment email containing the subscription terms, the renewal price, and the cancellation method.

For annual (or longer-term) subscriptions, you will receive a separate renewal-reminder email at least 15 days and not more than 45 days before each renewal date, stating that the subscription will renew automatically, specifying the renewal term and price, and providing the cancellation method (a link to the in-app billing settings).

Cancellation: You may cancel at any time, for any reason, from the in-app billing settings (Settings → Billing → Cancel Subscription) or by emailing billing@sendbriefs.com. The cancellation method is at least as easy as the signup method. Cancellation takes effect at the end of the then-current billing cycle. You will not be charged for any subsequent cycle. No prorated refunds are provided for cancellation mid-cycle on monthly plans; annual plans receive a prorated refund of unused full months only if cancellation is requested within 30 days of an auto-renewal charge.

California residents: This section is intended to comply with California Business & Professions Code §§17600–17606 (the California Automatic Renewal Law as amended effective July 1, 2025) and the federal FTC Negative Option Rule. If any provision of this §4.5 is held invalid as to you, the rest of these Terms remain in full force and effect.

4.6 Mid-cycle plan changes#

Upgrades take effect immediately and are prorated. Downgrades take effect at the next billing cycle.

4.7 Overages#

If your usage in a billing cycle exceeds your plan's included client allotment or integration cap, additional usage is billed at the per-client or per-integration rate published on /pricing at the time of the overage. We will notify you in-app when you cross 80% of any cap so you can choose to upgrade rather than incur overage charges.

4.8 Taxes#

Prices are exclusive of sales tax, VAT, GST, and similar taxes. You are responsible for any such taxes applicable to your subscription. Where required by law, we will collect and remit such taxes; otherwise you must self-assess.

4.9 Failed payment#

If a charge fails, we will retry up to four times over seven days and notify you. If the charge remains unpaid after seven days, we may suspend the account. Suspended accounts retain data per the Privacy Policy retention schedule. Reinstatement requires payment of all outstanding fees.

4.10 Price changes#

We may change prices for new subscription terms with at least 60 days' written notice delivered to the billing email on file. Continuing the subscription after the change date constitutes acceptance of the new price; if you cancel within 30 days of the notice, the existing price applies for the remainder of the then-current term.

5. Acceptable use#

You agree NOT to:

• Use the Service to send unsolicited bulk communications, spam, or any communications that violate the CAN-SPAM Act, CASL, or equivalent anti-spam laws.
• Upload, store, send, or generate content that infringes any third party's intellectual property rights, violates privacy or publicity rights, is unlawful, harmful, harassing, defamatory, obscene, or otherwise objectionable.
• Upload malware, viruses, time bombs, or any other malicious code.
• Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Service except to the extent expressly permitted by applicable law (e.g., for interoperability under EU Directive 2009/24/EC, where applicable).
• Attempt to gain unauthorized access to the Service, other Customers' accounts, or any system or network connected to the Service.
• Probe, scan, or test the vulnerability of the Service except under our public security disclosure program at security@sendbriefs.com.
• Use the Service to build a competing product, service, or model.
• Sublicense, rent, lease, sell, or resell the Service except as expressly permitted under an Agency Pro or Enterprise plan that includes a white-label reseller rider.
• Remove or alter any proprietary notices, trademarks, or attributions in the Service or in rendered briefs.
• Use the Service in violation of US, EU, UK, or other applicable export controls, sanctions (OFAC, UK OFSI, EU sanctions), or anti-money-laundering laws.
• Upload special-category personal data under GDPR Art. 9 (health, biometric, genetic, political, religious, sexual orientation, trade-union) without (a) obtaining the legal basis required by the applicable law, and (b) notifying us in advance via legal@sendbriefs.com so we can confirm appropriate contractual protections are in place.

We may suspend or terminate accounts that violate this section. Severe violations (spam, unlawful content, sanctions violations) may result in immediate termination without notice.

6. Your data, our software#

6.1 Your data#

You retain all right, title, and interest in and to the data you upload to the Service, the briefs you create, your brand assets, your customer relationships, and the integration credentials you provide ("Customer Data"). We make no claim of ownership over Customer Data.

You grant us a worldwide, royalty-free, non-exclusive, non-sublicensable (except to sub-processors per §10) license to host, copy, transmit, display, render, and otherwise process Customer Data solely for the purpose of operating the Service for you and for the duration of the Agreement (plus any retention period described in the Privacy Policy).

You represent and warrant that (a) you have all necessary rights, licenses, and consents to upload Customer Data to the Service and to grant the license above; (b) Customer Data does not infringe any third party's rights; and (c) your use of the Service complies with all laws applicable to Customer Data.

6.2 Our software#

We retain all right, title, and interest in and to the SendBriefs platform, source code, designs, documentation, brand, trademarks, and all derivative works ("Service IP"). These Terms grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Service during your subscription, solely for your internal business purposes.

Nothing in these Terms grants you any rights to the Service IP except for the limited license above. All rights not expressly granted are reserved.

6.3 Feedback#

If you provide us suggestions, ideas, feature requests, bug reports, or other feedback ("Feedback"), you grant us a perpetual, irrevocable, worldwide, royalty-free, sublicensable, fully-paid license to use, reproduce, modify, and incorporate that Feedback into the Service or any related product, without obligation, attribution, or compensation. We will not identify you as the source of Feedback publicly without your consent.

6.4 Aggregate, anonymized data#

We may collect and use aggregate, anonymized statistics derived from operation of the Service across many customers (for example: "agencies running SendBriefs render an average of 8.4 briefs per month per client"). These statistics are stripped of any information that could identify a workspace, customer, or end-user. We retain ownership of such aggregate data and may use it for any lawful purpose including benchmarking, marketing, and product improvement. Aggregate, anonymized data is subject to the same AI/ML restriction as Customer Data under §6.5 — we will not use it to train or fine-tune any AI/ML model without separate notice and an opt-in.

6.5 AI and machine learning — important#

We do not, and we will not permit any third party to, train, fine-tune, or otherwise improve any AI or machine-learning model on Customer Data. Customer Data — including brief content, integration data, client metadata, and aggregate or anonymized derivations of Customer Data described in §6.4 — is never sent to a third-party AI/ML provider in connection with the Service or any related operations (including support, beta features, error monitoring, or analytics) except under the opt-in mechanism described below.

If we add any AI-powered feature that would process Customer Data through a model:

• It will be opt-in per workspace by an account administrator. Default-on AI features that process Customer Data are prohibited.
• We will provide at least 30 days' advance notice of the feature, the model provider, the data flow, and the retention terms before activation is available.
• The opt-in will be revocable at any time without affecting service availability.
• The third-party provider will be added to our sub-processor list and bound by a Data Processing Agreement that expressly prohibits training, fine-tuning, or benchmarking on Customer Data before any Customer Data is sent.
• We will not retain prompts or outputs longer than necessary to deliver the feature, and we will require the provider to do the same.

This commitment is intentionally explicit because the absence of clear AI data-use language has become the single biggest source of risk in modern SaaS agreements.

6.6 Open-source components#

The Service may include open-source software components ("OSS") subject to their own open-source licenses. Where any OSS license is in conflict with these Terms with respect to the OSS component, the OSS license prevails as to that component only. A list of OSS components and applicable licenses is available on request at legal@sendbriefs.com.

6.7 Beta and preview features#

Features that we expressly designate as "Beta," "Preview," "Alpha," "Early Access," or by similar language are made available to you on an as-is basis, may be modified or discontinued at any time without notice, and are excluded from §7 (Service Availability), §9.2 (Limited Service Warranty), and §9.2.1 (Uptime Credits). Customer Data processed by Beta features remains subject to the security, confidentiality, and data-processing commitments in §8, §13, and the Privacy Policy.

7. Service availability#

We target 99.9% monthly uptime on the platform. Scheduled maintenance windows will be announced in-app at least 48 hours in advance for any work expected to cause user-visible downtime, and conducted in low-traffic hours where reasonably possible.

Enterprise customers may have a written Service Level Agreement (SLA) with service credits attached as a separate exhibit to their Master Services Agreement. Status and incident history are published at /status (and at a public third-party status page once V1 launches).

Force majeure events, customer-caused incidents, third-party integration outages (e.g., a sub-processor outage), and security incidents requiring service degradation to contain are excluded from uptime calculations.

7.1 Support tiers#

Customer support is provided by email and in-app at support@sendbriefs.com during US business hours. Response-time targets vary by plan and are published at /pricing; the published targets constitute the "support tier" referred to elsewhere in these Terms. Enterprise plans may have separately negotiated support response and resolution targets in an Order Form.

8. Confidentiality#

Each party (as "Receiving Party") may receive confidential information from the other (as "Disclosing Party") — including pricing, technical details, customer lists, roadmap, sales pipeline, business plans, and security architectures. The Receiving Party agrees to:

• Use Confidential Information only to perform under these Terms.
• Protect it with the same degree of care it uses for its own confidential information of similar sensitivity (no less than reasonable care).
• Limit access to employees, contractors, and sub-processors who have a need to know and are bound by obligations of confidentiality no less restrictive than these.

Exclusions: Confidential Information does not include information that (a) is or becomes public through no fault of the Receiving Party; (b) was already known to the Receiving Party without restriction; (c) is independently developed without reference to the Disclosing Party's Confidential Information; or (d) is required to be disclosed by law, court order, or government authority (in which case the Receiving Party will give prompt written notice where legally permitted).

Confidentiality obligations survive termination for five years, except that trade secrets remain protected for as long as they qualify as trade secrets under applicable law.

9. Warranties and disclaimers#

9.1 Mutual warranties#

Each party represents and warrants that (a) it has full power and authority to enter into and perform under these Terms; (b) execution of these Terms does not breach any other agreement; and (c) it will comply with all laws applicable to its performance under these Terms.

9.2 Our limited service warranty#

We warrant that the Service will perform substantially in accordance with our published documentation. If the Service materially fails to do so and we cannot resolve the failure within thirty (30) days of your written notice, your sole and exclusive remedy is to terminate the affected subscription and receive a prorated refund of fees prepaid for the unused portion of the term.

9.2.1 Uptime service credits#

In addition, for non-Enterprise plans, if monthly uptime falls below the targets in §7, we will apply the following credit to your next monthly invoice as your sole monetary remedy for non-availability, in addition to your right under §9.2:

Monthly uptime	Credit applied
≥ 99.5% but < 99.9%	5% of the monthly fee for the affected plan
≥ 99.0% but < 99.5%	10% of the monthly fee
≥ 95.0% but < 99.0%	25% of the monthly fee
< 95.0%	50% of the monthly fee

Credits are applied automatically on the invoice cycle following the affected month. To be eligible, your account must be in good standing and the request (if disputed) must be submitted within 30 days of the affected month. Credits do not apply to time excluded from uptime calculations under §7 (force majeure, customer-caused, sub-processor outages, security incidents requiring degradation). Enterprise customers may have separately negotiated SLAs that supersede this §9.2.1.

9.3 Disclaimer#

EXCEPT AS EXPRESSLY SET FORTH IN §9.2, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL OTHER WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SERVICE WILL MEET YOUR REQUIREMENTS.

Some jurisdictions do not allow the exclusion of certain warranties; in those jurisdictions, the exclusions apply only to the extent permitted.

10. Limitation of liability#

10.1 Exclusion of indirect damages#

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL EITHER PARTY BE LIABLE TO THE OTHER FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST DATA, OR LOSS OF GOODWILL, EVEN IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF THE LEGAL THEORY (CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE).

10.2 Aggregate cap#

EXCEPT FOR LIABILITY ARISING UNDER §10.3 (DATA-PROTECTION SUPER-CAP) OR §10.4 (CARVE-OUTS), EACH PARTY'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS, FROM ALL CLAIMS AND THEORIES COMBINED, WILL NOT EXCEED THE GREATER OF (A) THE TOTAL FEES YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE FIRST CLAIM, OR (B) FIFTY THOUSAND US DOLLARS ($50,000).

10.3 Data-protection super-cap#

Notwithstanding §10.2, for liability arising out of (i) breach of §8 (Confidentiality), (ii) breach of §13 (Data Processing) or the Privacy Policy, or (iii) a confirmed Security Incident (as defined in the Privacy Policy) affecting Customer Data, each party's aggregate liability will not exceed two (2) times the §10.2 cap. This super-cap applies in addition to the §10.2 cap (i.e., is not cumulative with it; the higher of §10.2 or this §10.3 applies to the relevant claim, but never the sum).

10.4 Carve-outs#

The limitations in §10.1, §10.2, and §10.3 do not apply to:

• (a) A party's indemnification obligations under §11;
• (b) Your obligation to pay fees owed under §4;
• (c) Either party's willful misconduct or fraud;
• (d) Either party's breach of confidentiality under §8 that involves intentional misuse of Confidential Information; or
• (e) Liability that cannot be excluded or limited under applicable law (including but not limited to liability for death or personal injury caused by negligence, gross negligence in jurisdictions where it cannot be limited by contract, fraudulent misrepresentation, and any statutory consumer-protection claims that cannot be waived).

10.5 Allocation of risk#

You acknowledge that the limitations and exclusions in §9 and §10 are essential elements of the basis of the bargain between us and that the Service price reflects these allocations of risk. The limitations apply even if a limited remedy fails of its essential purpose.

11. Indemnification#

11.1 By us (IP infringement)#

We will defend at our expense any third-party claim brought against you to the extent it alleges that your use of the Service, in accordance with these Terms and the documentation, directly infringes a US patent, copyright, trademark, or trade secret of that third party, and we will pay damages and costs finally awarded against you by a court of competent jurisdiction or agreed in a settlement we approve.

Exceptions: Our obligation does not apply to claims arising out of (a) Customer Data; (b) combination of the Service with software, hardware, data, or services not provided by us where the claim would not have arisen but for the combination; (c) modifications to the Service not made by us; (d) use of the Service after we notified you to stop because of an infringement claim; or (e) use of the Service in violation of these Terms.

Mitigation: If a claim is brought or we reasonably believe one may be brought, we may at our option (i) procure for you the right to continue use, (ii) modify the Service to be non-infringing without material loss of functionality, or (iii) terminate the affected subscription and refund prepaid unused fees. The remedies in this §11.1 are your sole and exclusive remedies for any infringement claim.

11.2 By you (Customer Data + acceptable use)#

You will defend at your expense any third-party claim brought against us to the extent it alleges (a) Customer Data infringes any third party's rights or violates any law; (b) your use of the Service breaches these Terms or any applicable law; or (c) your business operations or relationships with your clients (including any obligations of yours toward them) gave rise to the claim, and you will pay damages and costs finally awarded or agreed in a settlement we approve.

11.3 Procedure#

Indemnification is conditioned on the indemnified party (a) giving the indemnifying party prompt written notice of the claim; (b) giving the indemnifying party sole control of the defense and settlement, subject to the limits in this §11.3; and (c) reasonable cooperation at the indemnifying party's expense.

The indemnifying party will not enter into any settlement that (i) imposes any non-monetary obligation on the indemnified party, (ii) admits liability or fault on the part of the indemnified party, or (iii) does not include a full release of the indemnified party, in each case without the indemnified party's prior written consent (not to be unreasonably withheld). The indemnified party may participate in the defense and settlement with counsel of its own choosing at its own expense.

12. Third-party integrations and content#

The Service can connect to third-party services (Stripe, HubSpot, GA4, GSC, Linear, Meta Ads, Google Ads, generic webhooks, etc.). Those services are not part of the Service, are not under our control, and are governed by their own terms. We disclaim all warranties and liability for third-party services. If a third-party service becomes unavailable or changes its API in a way that breaks integration, we will use commercially reasonable efforts to restore or replace the integration but make no guarantee.

Briefs may include data drawn from third-party sources. You are responsible for ensuring that you have the right to use that data in the briefs you generate and deliver.

13. Data processing#

To the extent we process personal data on your behalf as a processor under GDPR, UK GDPR, or equivalent laws (for example: personal data you upload into briefs, or integration data containing personal information about your clients or their end-customers), the terms of our Privacy Policy §1 and §10 and the dated sub-processor list at /legal/subprocessors apply. This §13 (together with those references) satisfies the requirements of GDPR Art. 28(3) for a written processor agreement.

13.1 Scope of processing#

• Subject matter and duration: processing of Customer personal data for the term of the Agreement plus any retention period described in the Privacy Policy.
• Nature and purpose of processing: hosting, rendering, scheduling, branding, approving, and delivering Customer-authored Briefs and providing related services described in §2.
• Types of personal data: identifiers, professional and employment information, commercial information, internet/network activity, and any personal data you choose to include in Customer Data.
• Categories of data subjects: your personnel, your clients, your clients' end-recipients of Briefs, and other individuals whose personal data you upload to the Service.

13.2 Processor obligations#

We will:

• (a) Process Customer personal data only on your documented instructions (as set out in the Agreement and in any further written instructions you provide), including with respect to transfers to a third country, unless required to do otherwise by law applicable to us (in which case we will inform you before processing, unless that law prohibits the disclosure on important grounds of public interest);
• (b) Ensure that personnel authorized to process Customer personal data are bound by appropriate written or statutory confidentiality obligations;
• (c) Implement the technical and organizational security measures described in Privacy Policy §11, and review them regularly;
• (d) Engage sub-processors only under written contracts containing protections substantially similar to those in these Terms and the Privacy Policy; notify you of new sub-processors at least 30 days in advance per the Privacy Policy §10 and the Subprocessors page §6; and remain liable to you for the acts and omissions of our sub-processors to the same extent we are liable for our own;
• (e) Assist you, taking into account the nature of processing and information available, with responding to data-subject rights requests (access, correction, deletion, portability, objection, restriction);
• (f) Assist you with data protection impact assessments and prior consultations with supervisory authorities, to the extent reasonable;
• (g) Notify you of a confirmed personal data breach affecting Customer Data without undue delay and, where feasible, within 72 hours of confirmation, including (to the extent then known) the nature, categories and approximate numbers of records and subjects affected, the likely consequences, and the measures taken or proposed;
• (h) Make available to you all information necessary to demonstrate compliance with our obligations under this §13, and contribute to audits or inspections as described in the Subprocessors page §8 (which generally means providing recent third-party audit reports, security-questionnaire responses, and similar documentation; direct on-site audits are available to Enterprise customers under reasonable parameters);
• (i) On termination of the Agreement, delete or return Customer personal data per the retention schedule in the Privacy Policy §6, and certify deletion on request, subject to any legal-retention obligations.

13.3 International transfers#

For Customer personal data originating in the EU/UK that we transfer to the United States or to a sub-processor in a third country, we rely on the EU-US Data Privacy Framework (where applicable), the EU Standard Contractual Clauses (Module 2 or 3), the UK International Data Transfer Addendum, and a Transfer Impact Assessment available on request, as described in the Privacy Policy §9 and the Subprocessors page §5.

13.4 Stand-alone DPA#

A standing Data Processing Addendum that expands the commitments in this §13 — including explicit incorporation of the EU Standard Contractual Clauses (Modules Two and Three), the UK International Data Transfer Addendum, CCPA/CPRA service-provider terms, and full Annex I/II/III disclosures — is published at /legal/dpa and applies to the extent Chykalophia processes Customer Personal Data on Customer's behalf as a Processor.

Enterprise customers requiring the DPA executed as a separate signed document (Word/PDF on letterhead) may request it via legal@sendbriefs.com. The signed version will be substantively identical to the published DPA.

14. Modifications to the Service or these Terms#

14.1 To the Service#

We may modify, enhance, or discontinue features of the Service at any time. We will not materially decrease the functionality of the core Service during your current subscription term without at least 30 days' notice. If a material decrease occurs and is not cured within 30 days, you may terminate the affected subscription and receive a prorated refund of prepaid unused fees.

14.2 To these Terms#

We may update these Terms from time to time. Material changes will be posted on this page at least 30 days before they take effect and notified by email to active customers at the billing address on file.

For material and adverse changes (including any increase in price beyond §4.10's notice window, any reduction in your rights, or any new restriction on your use of the Service), we will require you to affirmatively re-accept the updated Terms (by click-through, in-app banner, or equivalent) before continued use; if you do not re-accept, you may terminate the affected subscription under §15.2 and receive a prorated refund of prepaid unused fees. For non-material changes (clarifications, typographical fixes, sub-processor updates already covered by the 30-day notice in §13), continued use of the Service after the effective date constitutes acceptance.

15. Term and termination#

15.1 Term#

These Terms apply while you have an active account and survive termination as to provisions that by their nature should survive, including §1 (Acceptance — as to representations made), §4 (any accrued payment obligations), §6 (IP, including §6.3 Feedback and §6.4 Aggregate Data), §8 (Confidentiality), §9.3 (Disclaimer), §10 (Limitation of Liability), §11 (Indemnification), §13 (Data Processing — to the extent of completing transition obligations), §15.4 (Effects of Termination), §16 (Governing Law and Venue), §17 (Compliance with Laws), §18 (Notices), §19 (Miscellaneous), and §20 (Contact).

15.2 Termination for convenience#

You may terminate at any time by cancelling in-app or emailing billing@sendbriefs.com. Termination takes effect at the end of the current billing cycle. We may terminate any free or trial account at any time with notice. We may terminate paid accounts for convenience on 60 days' written notice, in which case we will refund prepaid fees for any unused portion of your subscription term.

15.3 Termination for cause#

Either party may terminate immediately for material breach of these Terms by the other party that remains uncured 30 days after written notice. Either party may terminate immediately on written notice if the other party files for bankruptcy, becomes insolvent, makes an assignment for the benefit of creditors, or ceases operations.

Notwithstanding the foregoing, we may suspend or terminate your access immediately on written notice for: (i) any violation of §5 (Acceptable Use); (ii) any violation of §17 (Compliance with Laws and Trade Controls); (iii) non-payment uncured under §4.9; (iv) any activity that materially harms the Service, other customers, or third parties; or (v) any activity we are legally required to interdict (court order, regulator demand). We will provide notice contemporaneously with or as soon as practicable after such suspension or termination.

15.4 Effects of termination#

On termination:

• Your access to the Service ends.
• You may export Customer Data via the in-app export tool or by emailing support@sendbriefs.com within 30 days of termination.
• Customer Data is retained per the schedule in the Privacy Policy and permanently deleted after the retention window.
• Outstanding fees for services rendered through the termination date remain due.

16. Governing law and venue#

16.1 Governing law#

These Terms, and any dispute arising out of or related to them, are governed by the laws of the State of Illinois, USA, without regard to its conflict-of-laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

16.2 Venue#

The parties consent to the exclusive jurisdiction of the state and federal courts located in Cook County, Illinois for any action arising out of these Terms, and each party waives any objection to venue in those courts on grounds of forum non conveniens or otherwise.

16.3 Jury trial waiver#

EACH PARTY HEREBY KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY WAIVES ITS RIGHT TO A JURY TRIAL OF ANY CLAIM OR CAUSE OF ACTION BASED ON OR ARISING OUT OF, DIRECTLY OR INDIRECTLY, THESE TERMS OR THE BUSINESS RELATIONSHIP BETWEEN THE PARTIES. THIS WAIVER IS A MATERIAL INDUCEMENT TO EACH PARTY'S ENTRY INTO THESE TERMS, AND EACH PARTY HAS REVIEWED THIS WAIVER WITH ITS COUNSEL OR HAS HAD THE OPPORTUNITY TO DO SO.

16.4 Limitations period#

Any claim arising out of or related to these Terms must be brought within two (2) years after the claim accrued, or it will be barred to the maximum extent permitted by law. This shortened limitations period does not apply to claims that cannot, under applicable law, be subject to a contractually shortened limitations period — including claims under statutory consumer-protection laws that prescribe their own limitations periods.

16.5 Consumer rights#

If you are an individual using the Service in a personal capacity (not on behalf of an entity) in a jurisdiction that grants you mandatory rights to your local law and courts that cannot be waived by contract, those rights are not waived.

17. Compliance with laws and trade controls#

17.1 Trade controls#

You represent that you, your Affiliates, and your end users are not located in, organized under the laws of, or ordinarily resident in any country or region that is the subject of comprehensive US sanctions or embargo as listed by the U.S. Department of the Treasury's Office of Foreign Assets Control (OFAC) from time to time (currently including, without limitation, Cuba, Iran, North Korea, Syria, and the so-called DNR, LNR, and Crimea regions of Ukraine), and are not on the US Specially Designated Nationals (SDN) list, the EU consolidated sanctions list, or the UK consolidated sanctions list. You will not export, re-export, download, or transfer the Service or its outputs to any such country, person, or entity. You will not use the Service for any purpose prohibited by US, EU, UK, or other applicable export control or sanctions law.

17.2 Anti-corruption#

Each party represents and warrants that, in connection with the Agreement, it will comply with the U.S. Foreign Corrupt Practices Act, the U.K. Bribery Act 2010, and any other applicable anti-bribery or anti-corruption laws. Neither party will offer, promise, give, or authorize the giving of anything of value to any government official or any other person to obtain or retain business or any improper advantage in connection with the Agreement.

18. Notices#

Notices to you will be sent to the email address on your billing account (or in-app if more appropriate). Notices to us must be sent to legal@sendbriefs.com with a copy by certified mail to:

Chykalophia Group, LLC · Attn: Legal Notices · 929 Michigan Ave, Apt 3 · Evanston, IL 60202 · USA.

Notices are deemed delivered the next business day if sent by email and three business days after deposit if sent by mail.

19. Miscellaneous#

• Entire agreement. These Terms (together with the Privacy Policy, the Sub-processors page, and any Order Form or Master Services Agreement signed between us) are the entire agreement between you and us with respect to the Service, and supersede all prior or contemporaneous agreements.
• No conflicting terms. If you submit a purchase order or vendor form with additional terms, those additional terms are void and have no effect; only these Terms apply.
• Severability. If a court of competent jurisdiction finds any provision unenforceable, the remaining provisions remain in effect, and the unenforceable provision will be modified to the minimum extent necessary to make it enforceable.
• Assignment. You may not assign these Terms without our prior written consent (not to be unreasonably withheld). We may assign these Terms to a successor in connection with a merger, acquisition, or sale of substantially all assets on notice to you.
• No waiver. Failure to enforce any provision is not a waiver of the right to enforce it later.
• Force majeure. Neither party is liable for delays or failures caused by events beyond reasonable control (natural disasters, government action, war, terrorism, labor disputes, internet or utility failures, third-party outages, pandemics, public-health orders), except for payment obligations.
• Independent contractors. The parties are independent contractors. Nothing in these Terms creates an agency, partnership, joint venture, or employment relationship.
• No third-party beneficiaries. These Terms do not create any third-party beneficiary rights, except that our Affiliates may enforce §6 (IP), §8 (Confidentiality), §10 (Limitation of Liability), and §11 (Indemnification).
• Headings. Headings are for convenience only and do not affect interpretation.
• Construction. "Including" means "including without limitation." Singular includes plural and vice versa.
• Counterparts and electronic signature. These Terms may be accepted electronically (by click-through or by an order form signed via DocuSign or equivalent). An electronic acceptance has the same effect as a wet-ink signature.

20. Contact#

For	Email
Billing, refunds, plan changes	billing@sendbriefs.com
Legal notices, contracts, DPA requests	legal@sendbriefs.com
Security incidents, vulnerability reports	security@sendbriefs.com
Customer support	support@sendbriefs.com
Privacy / data rights	privacy@sendbriefs.com

Postal: Chykalophia Group, LLC · 929 Michigan Ave, Apt 3 · Evanston, IL 60202 · USA.