Terms of Service

These Terms govern your use of Asending's website and services. By engaging Asending or using asending.com, you agree to these Terms. We try to keep them straightforward.

1. The service

Asending provides email marketing services for ecommerce brands, including copywriting, design (in Figma), and configuration of email campaigns and automations inside Klaviyo. Specific deliverables, pricing, and timelines are described on asending.com and in any plan you sign up for.

2. Plans, credits, and turnaround

• Foundation — $900 one-time. 10–12 starter Klaviyo templates plus global style settings. Includes a $900 credit toward an upgrade within 60 days of delivery.
• Consistency — $1,500 per month. 6 credits per month with 2 rollover credits. $500 one-time onboarding fee.
• Growth — $3,000 per month. 10 credits per month with 2 rollover credits. $500 one-time onboarding fee. Includes a quarterly roadmap and light enablement support.

One credit = one email asset (campaign email or single email within a flow), inclusive of copywriting, Figma design, and Klaviyo build. Each asset includes one consolidated round of revisions submitted within 3 business days; additional revision rounds count as new credits. Standard turnaround for delivery is 48–72 hours after a clean brief is received, though specific timing may vary based on complexity and queue.

Credits do not cover strategy work, list management, deliverability work, A/B testing, or Klaviyo account setup unless explicitly stated in your plan.

3. Billing and payment

Monthly plans are billed in advance on the same day each month based on your signup date. Foundation is billed in full at signup. Onboarding fees are billed at signup. Payments are due upon receipt. We may suspend service for accounts more than 14 days past due.

Unused monthly credits roll over up to the limit stated in your plan (2 credits). Credits do not have a cash value and are not refundable.

4. Cancellation

Monthly plans are month-to-month and may be canceled at any time with at least 7 days' notice before your next billing date. Cancellation stops future billing; any credits already paid for in the current billing period remain available until used or until that period ends. Foundation is non-refundable once work has begun.

5. Your responsibilities

• Provide accurate brand guidelines, product information, and any source assets we need to do the work.
• Grant the Klaviyo account access necessary for us to build and configure your emails. You can revoke access at any time.
• Approve, request revisions to, or reject deliverables in a reasonable timeframe (typically within 5 business days) so we can keep your queue moving.
• Ensure that any content, products, or claims you ask us to feature comply with applicable laws and platform policies, including anti-spam laws like CAN-SPAM and CASL.

6. Intellectual property

Final deliverables (the copy, design files, and built Klaviyo assets) that you have paid for in full are owned by you. You receive a worldwide, perpetual, royalty-free right to use them. Asending retains ownership of underlying frameworks, templates, processes, and any pre-existing materials we bring to the work.

You grant Asending a limited license to display deliverables and the names and logos of your brand for marketing and portfolio purposes (case studies, website features, social posts). You may opt out of this at any time by emailing us at ryan@asending.com.

7. Confidentiality

Each party will treat the other party's non-public business information as confidential and will not disclose it to third parties except as needed to perform the service or as required by law. This obligation continues after the engagement ends.

8. Third-party tools

Delivering the service requires use of third-party platforms, including Klaviyo, Calendly, and others described in our Privacy Policy. You are responsible for maintaining your own accounts and complying with those platforms' terms.

9. Disclaimers

Asending provides the service "as is" and does not guarantee specific business results, revenue outcomes, deliverability rates, open rates, or click rates. Email marketing performance depends on many factors outside our control, including list quality, product fit, audience behavior, and platform algorithms.

10. Limitation of liability

To the maximum extent permitted by law, Asending's total liability for any claim arising out of or related to the service will not exceed the fees you paid to Asending in the three (3) months preceding the event giving rise to the claim. Neither party will be liable for indirect, incidental, consequential, special, or punitive damages, including lost profits or lost data.

11. Indemnification

You agree to indemnify Asending against any third-party claims arising from content you supply, claims you ask us to make on your behalf, or your violation of applicable law in connection with the service.

12. Termination

Either party may terminate an engagement for material breach if the breach is not cured within 14 days of written notice. On termination, Asending will hand off any in-progress deliverables in their current state and revoke its access to your Klaviyo account.

13. Governing law

These Terms are governed by the laws of the State of California, without regard to its conflict-of-laws principles. Any dispute will be resolved in the state or federal courts located in Los Angeles County, California.

14. Changes to these Terms

We may update these Terms from time to time. The "Effective date" above reflects the most recent revision. Material changes affecting active clients will be communicated by email before they take effect.

15. Contact

Questions about these Terms? Email ryan@asending.com.