BoriSend Terms of Service

BoriSend is a communication planning and messaging service operated by Macpeniel Limited, company number 17327434, registered in England and Wales.

These Terms apply when you use the BoriSend website, web application, mobile applications and related services. By creating an account or using BoriSend, you agree to these Terms.

If you use BoriSend for a business or organisation, you confirm that you have authority to accept these Terms for that organisation.

You must be at least 13 years old.

If you are under 18, you should have permission from a parent or guardian before buying a paid subscription or using BoriSend for business purposes.

You may use BoriSend as an individual or for a business. One BoriSend account may be registered for each email address.

You may register using an email address and password, Google Sign-In or Apple Sign-In.

You must provide accurate information and keep your account details secure. You are responsible for activity carried out through your account unless you have told us that your account may have been compromised.

Contact borisend@macpeniel.com promptly if you believe someone has accessed your account without permission.

BoriSend offers Starter, Professional, Premium and Unlimited plans. Current prices, features and limits are shown in the app and on the BoriSend website.

Every new account begins with a 7-Day Starter Trial. No payment method is required to begin the trial. You receive Starter features during the trial.

If you add a payment method during the trial, the selected Starter subscription begins automatically when the trial ends unless cancelled beforehand. You may cancel the scheduled subscription before the trial ends to avoid being charged.

If no subscription begins after the trial, the account remains available but paid features are paused until a subscription is activated.

Paid plans renew automatically each month or year until cancelled. Unlimited is monthly only unless we state otherwise.

You may cancel at any time. Your paid access normally continues until the end of the billing period already paid for. The account then pauses paid features unless you select another plan.

Prices shown include applicable taxes.

We may change prices, plan limits or features. Changes normally apply to future billing periods. Where practical, we will give at least 14 days' notice of a significant change that affects an existing paid subscription.

Payments are processed by Stripe. By starting a paid subscription, you authorise recurring charges to your chosen payment method until you cancel.

If a payment fails, we may limit paid features, retry the payment or pause paid features.

Payments are non-refundable except where a refund or cancellation right is required by law. Nothing in these Terms removes your statutory consumer rights, including any cooling-off right that applies to you.

Where you ask us to provide a paid digital service during a legal cooling-off period, we may ask for your express consent to start the service immediately and for your acknowledgement of how this may affect your cancellation rights.

Eligible users may receive rewards for genuine referrals.

Referral rules, rates, duration and availability may change. A reward may be suspended, withheld, reduced or cancelled where we reasonably need to investigate fraud, duplicate accounts, chargebacks, refunds, false attribution or other misuse.

The minimum payout balance is £50. Payouts are made through Stripe when available and may require identity, tax or payment checks.

We may close an account, remove unpaid rewards or permanently end referral access where the programme has been abused. We will not remove valid paid rewards unless required by law, fraud review, payment reversal or correction of an error.

BoriSend may help you prepare or improve messages. Suggestions may be incomplete, inaccurate or unsuitable.

You should review every message before it is sent. Manual review is available for this purpose.

You remain responsible for the final message, its recipients, timing and legal effect. BoriSend does not provide legal, financial, medical or other professional advice.

You must have permission or another lawful basis to contact each recipient, especially when using BoriSend for business or promotional messages.

You must comply with applicable marketing, privacy, communications and anti-spam laws.

You are responsible for SMS, mobile network and data charges.

Features may differ by device. Android may support automatic SMS where permission and platform rules allow. iOS uses user-confirmed or notification-assisted sending and does not support unattended SMS sending.

Delivery can be affected by mobile networks, devices, operating systems and third-party services. We cannot guarantee that every message will be delivered at a particular time.

You must not use BoriSend to:

• •send spam or messages without a lawful basis
• •harass, threaten, deceive or impersonate another person
• •send phishing, fraudulent, unlawful or malicious content
• •infringe privacy, copyright or other rights
• •distribute malware or interfere with BoriSend
• •bypass limits, security controls or payment rules
• •misuse referrals, subscriptions or promotions
• •use BoriSend in a way that may harm another person or Macpeniel Limited

You keep ownership of messages, contact details and other content you enter into BoriSend.

You give Macpeniel Limited permission to process that content only as reasonably needed to provide, secure, maintain, improve and support BoriSend, prevent misuse, and comply with law.

You confirm that you have the right to upload and use any contact details or content you provide.

BoriSend, its software, branding, layouts, designs, logos and underlying technology belong to Macpeniel Limited or its licensors.

You may not copy, sell, licence, reverse engineer, distribute or create a competing service from any part of BoriSend except where the law expressly allows it.

Open-source licences shown within BoriSend apply only to the relevant third-party software. They do not grant rights to BoriSend's proprietary code, branding or other intellectual property.

BoriSend relies on services such as Stripe, Google, Apple, cloud hosting, mobile networks and app stores.

Your use of a third-party service may also be subject to that provider's terms and privacy information. We are not responsible for a third party's independent service, outage or decision.

We may suspend or close an account where reasonably necessary because of non-payment, security concerns, unlawful activity, serious or repeated breaches, referral abuse or risk to users or the Service.

You may request account deletion from within BoriSend. We may retain limited billing, referral, fraud and audit records where required by law or reasonably needed to protect legal rights. Where appropriate, personal details will be deleted or anonymised.

We aim to keep BoriSend available, but we do not guarantee uninterrupted or error-free access.

We may update, replace or withdraw features for security, legal, technical or business reasons. We will try to give reasonable notice where a change materially affects normal use.

We are not responsible for delays or failures caused by events outside our reasonable control.

Nothing in these Terms excludes liability that cannot lawfully be excluded, including liability for death or personal injury caused by negligence, fraud, or your statutory consumer rights.

To the fullest extent permitted by law, Macpeniel Limited is not responsible for indirect or consequential loss, lost profits, lost business, lost opportunities or losses caused by a recipient, network, device or third-party service.

For paid users, our total liability relating to BoriSend will not normally exceed the amount paid to us for BoriSend during the 12 months before the event giving rise to the claim. For users on a trial or without an active paid subscription, our total liability will not normally exceed £50. These limits do not apply where the law does not allow them.

We may update these Terms. Where practical, we will give at least 14 days' notice of a significant change by email, a notice on the BoriSend website, or both.

The updated Terms will show the new effective date. Continued use after that date means you accept the updated Terms, unless the law requires a different form of consent.

These Terms are governed by the laws of England and Wales.

The courts of England and Wales will have jurisdiction, but consumers living elsewhere may also have rights to bring a claim in their local courts where applicable law allows.