These Terms of Service ("Terms") govern your access to and use of the Trisend application ("App", "Service") provided by Trisend ("we", "us", "our"). By installing the App from the Shopify App Store, you agree to be bound by these Terms.
1. Acceptance of Terms
By installing, accessing, or using Trisend, you confirm that you have read, understood, and agree to these Terms. If you do not agree, you must uninstall the App immediately. These Terms apply in addition to Shopify's Terms of Service and any other agreements you have with Shopify.
2. Description of Service
Trisend is a multi-channel marketing platform for Shopify merchants. The Service provides:
- Email campaign creation, scheduling, and delivery via AWS SES.
- SMS campaign creation and delivery via Twilio.
- WhatsApp messaging via Meta Business API (Starter plan and above, BYOA model).
- Visual automation flow builder for multi-step marketing sequences.
- Audience segmentation and contact management.
- Campaign analytics, revenue attribution, and performance reporting.
- Storefront popups, product recommendations, and loyalty programs.
3. Account & Eligibility
You must have an active Shopify store to use Trisend. You are responsible for maintaining the security of your Shopify account. You must be at least 18 years old or the age of majority in your jurisdiction to use the Service.
4. Subscription Plans & Billing
Trisend offers Free, Starter, Growth, and Pro subscription tiers. All paid plans are billed through Shopify's Billing API as recurring monthly charges. By subscribing to a paid plan, you authorize Shopify to charge the applicable fees to your payment method on file.
- Plan upgrades take effect immediately. Downgrades take effect at the next billing cycle.
- Each plan includes usage limits for emails, SMS messages, contacts, and automations. Exceeding these limits may require a plan upgrade.
- We reserve the right to modify pricing with 30 days' advance notice.
- No refunds are provided for partial billing periods upon cancellation.
5. Acceptable Use
You agree not to use Trisend to:
- Send unsolicited bulk messages (spam) or messages without proper recipient consent.
- Violate any applicable anti-spam laws including CAN-SPAM, CASL, GDPR, or PECR.
- Send content that is illegal, defamatory, threatening, harassing, or fraudulent.
- Distribute malware, phishing attempts, or deceptive content.
- Impersonate any person or entity.
- Interfere with or disrupt the Service or its infrastructure.
- Attempt to gain unauthorized access to any part of the Service.
- Resell, sublicense, or redistribute the Service without written permission.
We reserve the right to suspend or terminate your account if we determine, in our sole discretion, that you have violated these acceptable use policies.
6. Messaging Compliance
You are solely responsible for ensuring that your marketing messages comply with all applicable laws and regulations in the jurisdictions where your recipients are located. This includes but is not limited to:
- Obtaining proper consent before sending marketing communications.
- Including accurate sender identification and physical mailing address in emails.
- Providing a working unsubscribe mechanism in every marketing message.
- Honoring opt-out requests within the legally required timeframe.
- Complying with quiet hours and regional sending restrictions for SMS.
To protect every merchant's ability to send, Trisend enforces some of these rules automatically — for example it never messages contacts without recorded consent, honors opt-outs, may hold back part of a campaign while delivery is checked, and may pause campaigns or suspend sending for an account whose messages cause high bounce, complaint, or opt-out rates.
WhatsApp messaging uses your own WhatsApp Business account, connected through Meta. By connecting it you agree to, and are responsible for complying with, Meta's WhatsApp Business Terms of Service, WhatsApp Business Messaging Policy and WhatsApp Commerce Policy. In particular you must:
- Only message people who opted in to receive WhatsApp messages from your business.
- Use message templates approved by Meta to start conversations, and honor requests to stop.
- Not use WhatsApp to sell or promote goods and services prohibited by the WhatsApp Commerce Policy.
Meta may limit, restrict or disable your WhatsApp Business account or phone number; Trisend has no control over those decisions. You can disconnect WhatsApp at any time in Trisend, which deletes the access token we stored (see Data Deletion).
7. Data & Privacy
Your use of Trisend is also governed by our Privacy Policy. We process customer data on your behalf as a data processor. You remain the data controller and are responsible for ensuring you have a lawful basis for processing your customers' personal data through our Service.
8. Intellectual Property
Trisend and its original content, features, and functionality are owned by us and are protected by international copyright, trademark, and other intellectual property laws. You retain ownership of all content you create or upload through the Service, including campaign content, templates, and customer data.
9. Third-Party Services
Trisend integrates with third-party services including AWS SES, Twilio, and the Meta WhatsApp Business Platform. Your use of these services through Trisend is subject to their respective terms of service. We are not responsible for the availability, performance, or policies of third-party services.
10. Service Availability
We strive to maintain high availability but do not guarantee uninterrupted service. We may temporarily suspend access for maintenance, updates, or security patches. We will make reasonable efforts to provide advance notice of planned downtime.
11. Limitation of Liability
To the maximum extent permitted by law, Trisend shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or business opportunities, arising from your use of the Service. Our total liability shall not exceed the amount you paid for the Service in the 12 months preceding the claim.
12. Disclaimer of Warranties
The Service is provided "as is" and "as available" without warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Service will meet your specific requirements or that message delivery rates will meet any particular threshold.
13. Indemnification
You agree to indemnify, defend, and hold harmless Trisend and its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including reasonable legal fees) arising from your use of the Service, your violation of these Terms, or your violation of any applicable law or regulation.
14. Termination
You may terminate your use of Trisend at any time by uninstalling the App from your Shopify store. We may suspend or terminate your access at any time for violation of these Terms or for any other reason with reasonable notice. Upon termination, your data will be handled in accordance with our Privacy Policy and Shopify's mandatory data deletion requirements.
15. Changes to Terms
We reserve the right to modify these Terms at any time. We will notify you of material changes by updating the "Last updated" date and, where appropriate, sending a notification through the App. Continued use of the Service after changes constitutes acceptance of the updated Terms.
16. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the jurisdiction in which Trisend operates, without regard to conflict of law principles.
17. Contact Us
If you have questions about these Terms, contact us at legal@trisend.app.
Trisend, 6/A, Road-4, Plot-2, Mirpur, Dhaka-1216, Bangladesh. See also our Contact page.