These Terms of Service ("Terms") constitute a legally binding agreement between you ("Customer", "you", or "your") and Score Digital LLC ("Score", "we", "us", or "our") governing your access to and use of the Score sending control platform, including all associated software, APIs, dashboards, documentation, and services (collectively, the "Platform").
By creating an account, clicking "I agree", or otherwise accessing or using the Platform, you represent that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind that entity.
If you do not agree to these Terms, you must not access or use the Platform. Use of the Platform is void where prohibited by law.
You must be at least 18 years old and legally capable of entering into contracts to use the Platform. The Platform is intended for business use only and is not directed at consumers for personal, household, or family purposes.
For the purposes of these Terms, the following definitions apply:
To access the Platform, you must register for an Account by providing accurate, current, and complete information, including a valid business email address and company name. You agree to keep your Account information up to date.
You are solely responsible for maintaining the confidentiality of your Account credentials and for all activity that occurs under your Account. You must notify Score immediately at connect@scorehq.co if you suspect any unauthorised access to or use of your Account. Score is not liable for any loss arising from your failure to safeguard your credentials.
You may invite Authorised Users to access the Platform on your behalf. You are responsible for ensuring all Authorised Users comply with these Terms and for any actions they take within your Account. Access credentials must not be shared with individuals who are not Authorised Users.
In the event of a dispute regarding Account ownership, Score will make a reasonable determination based on available evidence including registration details, payment records, and communication history. Score's decision will be final and binding for the purpose of Platform access.
You agree to use the Platform only for lawful purposes and in accordance with these Terms. You must not use the Platform to:
Score reserves the right to investigate suspected violations of this policy and to take appropriate action, including suspension or termination of access, without prior notice.
Because Score is an email sending control platform, the following rules apply specifically to outbound email activity conducted through the Platform:
You must comply with all applicable anti-spam laws and regulations, including but not limited to the US CAN-SPAM Act, Canada's CASL, the EU ePrivacy Directive, and any other jurisdiction-specific laws governing commercial electronic messages. This includes:
The following sending practices are strictly prohibited on the Platform:
When using Score's multi-provider routing features, you remain solely responsible for complying with the individual terms of service of each connected Provider (e.g. Amazon SES, SendGrid, Mailgun). Score is not responsible for suspension or penalties imposed by Providers arising from your sending activity.
You agree to maintain sending practices that meet industry deliverability standards. Score may set threshold limits on spam complaint rates, hard bounce rates, and other quality indicators. Persistent breach of these thresholds may result in rate limiting or account suspension.
Access to the Platform is provided on a subscription basis. Available plans and pricing are described on our pricing page. By selecting a Subscription Plan, you agree to pay the applicable Fees in accordance with these Terms.
Subscriptions are billed in advance on a monthly or annual basis depending on your selected plan. Unless cancelled prior to the renewal date, subscriptions automatically renew for successive periods of the same duration. You authorise Score to charge your payment method on file for each renewal period.
Score accepts major credit and debit cards. Payment processing is handled by a PCI-compliant third-party processor. By providing a payment method, you represent that you are authorised to use it and authorise Score to charge it for all applicable Fees.
If your sending volume or usage exceeds the limits included in your Subscription Plan, you will be notified and may be subject to overage charges or a plan upgrade requirement. Score will not automatically upgrade your plan without your consent, but may apply temporary sending restrictions until the matter is resolved.
Score may modify Fees at any time with at least 30 days' written notice. Fee changes take effect at the start of the next billing cycle following the notice period. Continued use of the Platform after a fee change takes effect constitutes acceptance of the new Fees.
Fees are exclusive of all applicable taxes, levies, and duties. You are responsible for paying any taxes imposed on your use of the Platform, except for taxes on Score's net income.
Invoices not paid within 14 days of the due date may incur a late payment fee of 1.5% per month (or the maximum rate permitted by law, whichever is lower). Score may also suspend or restrict access to the Platform until outstanding balances are settled.
Monthly subscription Fees are non-refundable. For annual subscriptions, you may request a pro-rata refund for unused complete months within 30 days of purchase. Overage charges and one-time Fees are non-refundable.
The Platform, including all underlying software, algorithms, interfaces, designs, documentation, trademarks, and trade secrets, is the exclusive property of Score or its licensors and is protected by intellectual property laws. Nothing in these Terms grants you any ownership rights in the Platform.
Subject to your compliance with these Terms and timely payment of all Fees, Score grants you a limited, non-exclusive, non-transferable, non-sublicensable licence to access and use the Platform solely for your internal business purposes during the subscription term.
You retain all ownership rights in your Customer Data. You grant Score a limited, worldwide, royalty-free licence to access, copy, store, transmit, and process Customer Data solely to the extent necessary to provide the Platform and fulfil our obligations under these Terms.
Score may generate and use anonymised, aggregated data derived from Platform usage (e.g. delivery benchmarks, routing performance statistics) for product improvement, research, and marketing purposes, provided such data cannot identify you or your end recipients.
If you provide suggestions, ideas, or feedback about the Platform, you grant Score a perpetual, irrevocable, royalty-free licence to use such feedback for any purpose. Score has no obligation to compensate you for feedback or to keep it confidential.
"Confidential Information" means any non-public information disclosed by one party to the other that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and circumstances of disclosure. This includes, but is not limited to, business plans, technical data, pricing, product roadmaps, and customer lists.
Each party agrees to:
Confidentiality obligations do not apply to information that: (a) becomes publicly known through no breach of these Terms; (b) was rightfully known to the receiving party before disclosure; (c) is independently developed without use of Confidential Information; or (d) is required to be disclosed by law or court order, provided the disclosing party is given reasonable prior notice where legally permitted.
Score's collection and use of personal data in connection with the Platform is described in our Privacy Policy, which is incorporated into these Terms by reference.
Where Score processes personal data on your behalf as part of the email delivery service (e.g. recipient email addresses in your contact lists), Score acts as a data processor and you act as the data controller. You are responsible for ensuring you have a valid legal basis to transfer such data to Score and that your use of the Platform complies with all applicable data protection laws.
You represent and warrant that:
Score targets 99.5% monthly uptime for the Platform's core sending and routing infrastructure, excluding scheduled maintenance windows and circumstances beyond Score's reasonable control. Uptime is measured on a calendar-month basis.
Score may perform scheduled maintenance that temporarily affects Platform availability. We will provide at least 48 hours' advance notice for planned downtime where reasonably practicable, via email or in-platform notification.
Customer support is available via email at connect@scorehq.co. Response times vary by Subscription Plan. Score does not guarantee specific resolution times but will make reasonable efforts to address issues promptly.
Score's routing infrastructure depends in part on third-party Providers. Score is not responsible for downtime, delivery failures, or performance degradation caused by a Provider's infrastructure. Score's automatic failover features will attempt to reroute traffic, but complete mitigation cannot be guaranteed.
THE PLATFORM IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SCORE EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:
Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you in full.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW:
Exclusion of Consequential Damages: IN NO EVENT SHALL SCORE, ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, REVENUE, DATA, GOODWILL, BUSINESS OPPORTUNITIES, OR ANTICIPATED SAVINGS, ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE PLATFORM, EVEN IF SCORE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Cap on Liability: SCORE'S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING UNDER OR RELATED TO THESE TERMS OR THE PLATFORM, WHETHER IN CONTRACT, TORT, STATUTE, OR OTHERWISE, SHALL NOT EXCEED THE TOTAL FEES PAID BY YOU TO SCORE IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
The limitations above reflect a reasonable allocation of risk and form an essential basis of the bargain between you and Score. They apply regardless of any failure of essential purpose of any limited remedy.
You agree to defend, indemnify, and hold harmless Score and its officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or related to:
Score will provide reasonable written notice of any such claim and the right to assume control of the defence at your expense, provided that Score may not settle any claim that imposes obligations on Score without Score's prior written consent.
These Terms commence when you create an Account and continue until your subscription is terminated by either party in accordance with this section.
You may cancel your subscription at any time through your Account dashboard or by contacting us at connect@scorehq.co. Cancellation takes effect at the end of the current billing period. No refunds are issued for the remaining portion of a monthly plan; pro-rata refunds on annual plans are governed by Section 06.
Score may suspend or terminate your Account immediately, with or without notice, if:
Upon termination, your right to access and use the Platform ceases immediately. Score will retain your Customer Data for 90 days following termination, during which time you may request an export. After 90 days, Score will securely delete your Customer Data unless legally obligated to retain it. All accrued payment obligations and any provisions that by their nature should survive termination will remain in effect.
These Terms and any disputes arising from them are governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions.
Before initiating any formal dispute process, both parties agree to attempt to resolve disputes informally by contacting the other party in writing and negotiating in good faith for at least 30 days.
If informal resolution fails, disputes will be resolved by binding individual arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. Arbitration will be conducted in English. Each party will bear its own costs unless the arbitrator determines otherwise.
YOU AND SCORE EACH AGREE THAT DISPUTES WILL BE RESOLVED ONLY ON AN INDIVIDUAL BASIS AND NOT AS PART OF A CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION. THIS WAIVER IS AN ESSENTIAL PART OF THESE TERMS.
Notwithstanding the above, either party may seek injunctive or other equitable relief from a court of competent jurisdiction to prevent irreparable harm pending arbitration, without waiving the right to arbitrate the underlying dispute.
Score may update these Terms from time to time to reflect changes in our services, legal requirements, or business practices. When we make material changes, we will:
Your continued use of the Platform after the effective date of any updated Terms constitutes your acceptance of the changes. If you disagree with the revised Terms, your sole remedy is to cancel your subscription before the effective date.
These Terms, together with the Privacy Policy and any order forms or addenda agreed in writing, constitute the entire agreement between you and Score with respect to the Platform and supersede all prior agreements, representations, and understandings.
If any provision of these Terms is found to be invalid or unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, or severed if modification is not possible, and the remaining provisions will continue in full force and effect.
Score's failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision unless acknowledged and agreed in writing by Score.
You may not assign or transfer your rights or obligations under these Terms without Score's prior written consent. Score may assign its rights and obligations under these Terms to any affiliate or in connection with a merger, acquisition, or sale of assets, with reasonable notice to you.
Neither party will be liable for any failure or delay in performance caused by circumstances beyond its reasonable control, including natural disasters, government actions, internet or infrastructure outages, labour disputes, or third-party Provider failures. The affected party will notify the other promptly and resume performance as soon as reasonably practicable.
Legal notices to Score must be sent in writing to connect@scorehq.co. Score may send notices to the email address on file for your Account. Notices are deemed received on the next business day after sending.
These Terms do not create any third-party beneficiary rights in any individual or entity that is not a party to these Terms.
If you have questions or concerns about these Terms, please reach out to us:
Score Digital LLC — Legal
Email: connect@scorehq.co
Website: scorehq.co
We aim to respond to all legal inquiries within 5 business days.