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Terms of Service

Last updated: July 31, 2024

Using SendOwl (sendowl.com) constitutes acceptance of these Terms Of Service (“TOS”) and the Acceptable Use Policy (“AUP”). Before registering on the site you must read and agree to the TOS and AUP. By registering for access to SendOwl you are accepting the TOS and AUP and are legally bound by them.

Definitions

Affiliate as referred to in this document shall mean: A user who joins the Service in order to promote a Subscribers products (normally in exchange for a fee for each sale referred)

Service as referred to in this document shall mean: The facilities and benefits provided by the site at sendowl.com

Subscriber as referred to in this document shall mean: The user/consumer who has registered and holds a valid username and password to access the Service.

User as referred to in this document shall mean: A person who accesses the site at sendowl.com

Your Products as referred to in this document shall mean: the digital files the Subscriber uploads to SendOwl’s servers and any tangible items or services that they create as an items to sell through the Service.

Services Available on the Site

The features that make up the Service are provided to Subscribers as a benefit of membership. SendOwl reserves the right to change, upgrade, or remove any aspect of the Service or alter the plans that features are available on.

Updating of Service

New features that augment or enhance the Service may be released from time to time. Any such features will also be subject to the TOS and continued use of the Service shall constitute your consent to such changes.

Availability of Service

SendOwl attempts to maintain an uptime percentage in excess of of 99.9%. During the day to day running of the Service interruptions may occur due to network failures, server equipment failures, failures of external services that the Service depends on or deployment of software with bugs. Whilst every attempt is made to minimise these disruptions some may be outside the control of SendOwl. SendOwl shall not be held responsible for any loss resulting from disruptions to the Service of any kind.

SendOwl operates on shared resources and aims to provide an equal and fair service to all Subscribers. Should one Subscriber or Affiliate be using a level of resources that jeopardises the ability of other Users to use the Service for its intended use, then SendOwl may take such actions as restricting or suspending the User. In such circumstances SendOwl will attempt to notify the User and allow them to take remedial action. This is not guaranteed and in situations where the ability of the Service to fulfill its intended use is at risk, SendOwl will immediately restrict the account without notification.

User Accounts

To register for an account you must:

  • Be 18 years or older to use Service, and old enough to enter into a binding agreement for the sale and purchase of goods and services in your country of residence
  • If you are representing a business entity, have the authority to enter into a binding agreement on behalf of the business
  • Be a human. Accounts registered by “bots” or other automated methods are not permitted.
  • Enter a valid email address and legal name
  • Agree and abide by the conditions laid out in the TOS and AUP

Account Security

Merchants and Affiliates create a password in order to access the Service. These must be kept confidential and must not be shared under any circumstances. Merchants and Affiliates are responsible for access to their account through the use of their email and password combination and SendOwl will not be held responsible for any loss or otherwise as a result of unauthorized access to their account due to negligence on the account of the Merchant or Affiliate. Should Affiliates or Merchants believe their account details have been compromised they should contact support immediately who will respond to confirm receipt of message. Merchants and Affiliates will remain liable for any unauthorized access until support has confirmed they have received their notification.

Merchants and Affiliates may not use their account to attempt to breach the security of another account, the Service in general or to attempt to gain unauthorized access to another network or server. Any such attempts will result in immediate termination of their account.

Merchant Content & Trademarks

You represent and warrant that you are the owner of, or otherwise have the right to provide, all content that you submit, post and/or otherwise transmit through the Services (“Merchant Content”). We do not claim ownership of the Merchant Content you provide to us; however, we do require a license to such Merchant Content. You hereby grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide right and license to host, use, distribute, modify, copy, store, publicly perform, communicate to the public, broadcast, reproduce, make available, display, translate, and create derivative works of any Merchant Content provided by you in connection with the Services. We may use our rights under this license to operate, provide, and promote the Services and to perform our obligations and exercise our rights under the TOS. You represent, warrant, and agree that you have all necessary rights in the Merchant Content to grant this license. You irrevocably waive any and all moral rights you may have in the Merchant Content in favor of SendOwl and agree that this waiver may be invoked by anyone who obtains rights in the content through us, including anyone to whom SendOwl may transfer or grant (including by way of license or sublicense) any rights in the Merchant Content.

You hereby grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide right and license to use the names, trademarks, service marks and logos associated with your Merchant Content and your Products to operate, provide, and promote the Services and to perform our obligations and exercise our rights under these TOS. This license will survive any termination of the TOS solely to the extent that SendOwl requires the license to exercise any rights or perform any obligations that arose during the term of the TOS.

You hereby represent and warrant that all consents have been obtained from, and all notices (including privacy notices) have been given to, all Users and others as may be required by applicable privacy laws for your use of the Services and your collection, use, sharing, retention, or other processing of personal information.

File Storage

Except as otherwise provided in these TOS, you retain all rights and intellectual property rights embodied in Your Files, exclusive of any content provided by SendOwl. You are responsible for the content of your files, backing up your files and the sales of your files. SendOwl acts as a technology provider to distribute Your Products and cannot be held responsible for unintended distribution due to incorrect configuration of Products under the Service, for example but limited to, setting the wrong price, setting the wrong stock levels or creating too many discount codes.

SendOwl does not systematically review all files that you store with the Service. It is your responsibility to ensure the files are legal and within the conditions laid out in our Acceptable Use Policy or other policies. SendOwl reserves the right to periodically review a file’s contents for violations of law or any of our policies. Violations may result in the file being removed or your account being terminated.

Affiliates

SendOwl offers tools to enable Merchants to leverage Affiliates for the marketing of their product. Whilst SendOwl provides the tooling to enable such relationships it does not have any other part, financial or otherwise, in the relationship between a Merchant and their Affiliates. Merchants are responsible for paying Affiliates for referred orders, and Affiliates are responsible for marketing the Merchants products in such a way that agrees with these Terms and Conditions and any extra Terms and Conditions laid down by the Merchant and shown on the affiliate program join page. SendOwl shall not be held responsible for any loss resulting from failures of either Merchants of Affiliates to meet their obligations to each other.

Order Emails

SendOwl may allow certain Merchants to send their own order emails rather than use the automated system provided by the Service. This is by written agreement in advance only and subject to the following conditions:

  • the mechanism used to send the emails be automated and make use of either the SendOwl API, web hooks or other agreed mechanism, to initiate the email being sent
  • the order email be sent in a reasonable amount of time after an order is completed and be deliverable to all email address formats
  • include a link to the download URL when digital goods are part of the order
  • make no reference to SendOwl without prior agreement

SendOwl retains the right to switch on order emails if it has reason to believe that the email mechanism provided by the Merchant is not working. This will normally be determined by issuing a free order of one of the Merchants products to the SendOwl Support email address and seeing if the order email arrives but is not guaranteed.

Referral Scheme

SendOwl offers a referral scheme for users to refer us new customers. When using this scheme, you may not promote or advertise SendOwl on any coupon, deal or discount site, via any pay-per-click advertising or on any search engine or social media platform.

Billing

Payment is in advance on the same day each month on the day before the signup date (“bill day”). The first month is a free trial meaning the first payment is not made until one month after joining. During the trial the Merchant must enter payment details (either debit/credit card, or PayPal subscription) to pay the monthly fee for using the Service. By continuing to use the Service, the Merchant is authorizing Send Owl to charge the Merchants chosen payment method to pay for the ongoing cost of membership. Should payment details not be entered during the trial the Merchant will be suspended from the Service and will no longer be able to access the benefits of membership.

Should a payment be missed (for example, due an expired credit card), SendOwl will contact the Merchant to inform them of the problem. The Merchant will then have 14 days to make payment before their account is suspended. Such a period for a missed payment only applies after a successful payment in a previous month has been made. Suspension is immediate after the first month’s trial if incorrect payment details have been entered.

SendOwl offers a series of plans that give different levels of membership benefits. Merchants are able to upgrade or downgrade their plan at any point by visiting the Account section of the site. When downgrading the new monthly amount will be charged on the next billing cycle. On upgrading a prorated amount will be charged for the remainder of the current billing cycle. The new monthly charge will then apply from the next bill day.

From time to time, SendOwl may alter the benefits provided by each of the plans. Should this be the case, Merchants will be notified and given 30 days to decide whether they stay on the same plan, move to a different one, or cancel their membership.

For each membership payment made, an invoice email is sent to the Merchant and a copy stored in their account. Any queries relating to these should be directed to the support team.

Refunds will not be given for accounts where a failure to take action, such as canceling an account, downgrading an account or other, leads to a larger charge than expected on bill day. You are responsible for the plan your account is on at bill day.

Merchants may cancel their account by using the Close Account button under the account tab, or by contacting support. In such circumstances, all data will be lost and will not be recoverable. SendOwl will not be held responsible for any losses when closing an account.

Use of assets belonging to the Service

You may not use the SendOwl logo, colors, site layout or screenshot of the dashboard area without prior written permission.

Copyright Policy

We will terminate the account and access rights of any repeat infringer. If you are a copyright owner or the legal agent of a copyright owner, and you believe that any User Content infringes on your copyrights, you may submit a notification pursuant to the SendOwl Digital Millennium Copyright Act (DMCA) Notice. Please see our DMCA Policy below for more information.

Privacy Policy

SendOwl stores and uses personal data in accordance with its Privacy Policy. By agreeing to the terms of this TOS, you are automatically agreeing to our Privacy Policy, which is incorporated herein by reference.

Indemnification

You agree to indemnify and hold harmless SendOwl and its officers, directors, employees, agents and affiliates (each, an “Indemnified Party”), from and against any losses, claims, actions, costs, damages, penalties, fines and expenses, including without limitation attorneys’ fees and expenses, that may be incurred by an Indemnified Party arising out of, relating to or resulting from (a) your User content; (b) your misuse of the Services; (c) your violation of this TOS or any of our policies; or (d) your violation of any applicable laws, rules or regulations through or related to the use of the Services. In the event of any claim, allegation, suit or proceeding alleging any matter potentially covered by the agreements in this section, you agree to pay for the defense of the Indemnified Party, including reasonable costs and attorneys’ fees incurred by the Indemnified Party. We reserve the right, at our own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with us in asserting any available defenses. This provision does not require you to indemnify any Indemnified Party for any unconscionable commercial practice by such party, or for such party’s negligence, fraud, deception, false promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the Services. You agree that the provisions in this section will survive any termination of your account, this TOS, or your access to the Services.

Disclaimer of Warranties

YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE FULLEST EXTENT OF LAW, YOUR USE OF THE SERVICES IS ENTIRELY AT YOUR OWN RISK. CHANGES ARE PERIODICALLY MADE TO THE SERVICES AND MAY BE MADE AT ANY TIME WITHOUT NOTICE TO YOU. THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE CONTENT MADE AVAILABLE THROUGH THE SERVICES, OR THE TEXT, GRAPHICS OR LINKS.

WE DO NOT WARRANT THAT THE SERVICES WILL OPERATE ERROR-FREE OR THAT THE SERVICES ARE FREE OF COMPUTER VIRUSES AND OTHER HARMFUL MALWARE. IF YOUR USE OF THE SERVICES RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, WE SHALL NOT BE RESPONSIBLE FOR THOSE ECONOMIC COSTS.

Limitation of Liability

UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (WHETHER IN CONTRACT, TORT, OR OTHERWISE) SHALL SENDOWL BE LIABLE TO YOU OR ANY THIRD PARTY FOR (A) ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST SALES OR BUSINESS, LOST DATA OR DATA BREACH, OR (B) FOR ANY DIRECT DAMAGES, COSTS, LOSSES OR LIABILITIES (INCLUDING ATTORNEYS’ FEES) IN EXCESS OF THE FEES ACTUALLY PAID BY YOU IN THE TWO (2) MONTHS PRECEDING THE EVENT GIVING RISE TO YOUR CLAIM OR, IF NO FEES APPLY, ONE HUNDRED ($100) U.S. DOLLARS. THE PROVISIONS OF THIS SECTION ALLOCATE THE RISKS UNDER THIS AGREEMENT BETWEEN THE PARTIES, AND THE PARTIES HAVE RELIED ON THESE LIMITATIONS IN DETERMINING WHETHER TO ENTER INTO THIS AGREEMENT. Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply to you. IN THESE STATES, OUR LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE SERVICES, OR ANY OTHER ITEMS OR SERVICES PROVIDED BY US, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND ANY IMPLIED WARRANTY OF NON-INFRINGEMENT. YOU ACKNOWLEDGE THAT THE SERVICES (INCLUDING ANY SERVERS OR OTHER HARDWARE, SOFTWARE AND ANY OTHER ITEMS USED OR PROVIDED BY US IN CONNECTION WITH THE SERVICES) ARE PROVIDED “AS IS” AND THAT WE MAKE NO WARRANTY THAT THE SERVICES WILL BE FREE FROM BUGS, FAULTS, DEFECTS OR ERRORS OR THAT ACCESS TO THE SERVICES WILL BE UNINTERRUPTED.

Dispute Resolution

PLEASE READ THE FOLLOWING SECTION CAREFULLY. IT REQUIRES YOU TO ARBITRATE DISPUTES WITH US AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF. THIS SECTION OF THIS AGREEMENT SHALL BE REFERRED TO AS THE “ARBITRATION AGREEMENT.”

  • Scope of Arbitration Agreement. You agree that any dispute or claim relating in any way to your access or use of the Services or as a consumer of our services, to any advertising or marketing communications regarding us or our Services, to any products or services sold or distributed through the Services that you received as a consumer, or to any aspect of your relationship or transactions with us as a consumer of our services will be resolved by binding arbitration, rather than in court, except that (1) you may assert claims in small claims court if your claims qualify, so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis; and (2) you or SendOwl may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). This Arbitration Agreement shall apply, without limitation, to all claims that arose or were asserted before the Effective Date of this Agreement.

    IF YOU AGREE TO ARBITRATION WITH SENDOWL, YOU ARE AGREEING IN ADVANCE THAT YOU WILL NOT PARTICIPATE IN OR SEEK TO RECOVER MONETARY OR OTHER RELIEF IN ANY SUCH CLASS, COLLECTIVE, AND/OR REPRESENTATIVE LAWSUIT. INSTEAD, BY AGREEING TO ARBITRATION, YOU MAY BRING YOUR CLAIMS AGAINST US IN AN INDIVIDUAL ARBITRATION PROCEEDING. IF SUCCESSFUL ON SUCH CLAIMS, YOU COULD BE AWARDED MONEY OR OTHER RELIEF BY AN ARBITRATOR.
  • Arbitration Rules and Forum. This Arbitration Agreement is governed by the Federal Arbitration Act in all respects. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to arbitration-proceedings@sendowl.com. The arbitration will be conducted by JAMS under its rules and pursuant to the terms of this Agreement. Disputes involving claims and counterclaims under $250,000, not inclusive of attorneys’ fees and interest, shall be subject to JAMS’s most current version of the Streamlined Arbitration Rules and procedures available at http://www.jamsadr.com/rules-streamlined-arbitration/; all other claims shall be subject to JAMS’s most current version of the Comprehensive Arbitration Rules and Procedures, available at http://www.jamsadr.com/rules-comprehensive-arbitration/. JAMS’s rules are also available at www.jamsadr.com (under the Rules/Clauses tab) or by calling JAMS at 800-352-5267. Payment of all filing, administration, and arbitration fees will be governed by JAMS’s rules. If the arbitrator finds that you cannot afford to pay JAMS’s filing, administrative, hearing and/or other fees and cannot obtain a waiver of fees from JAMS, we will pay them for you. In addition, we will reimburse all such JAMS’s filing, administrative, hearing and/or other fees for claims with an amount in controversy totaling less than $10,000. If JAMS is not available to arbitrate, the parties will select an alternative arbitral forum. You may choose to have the arbitration conducted by telephone, video conference, based on written submissions, or in person in the country where you live or at another mutually agreed location.
  • Arbitrator Powers. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability or formation of this Arbitration Agreement including, but not limited to any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitration will decide the rights and liabilities, if any, of you and SendOwl. The arbitration proceeding will not be consolidated with any other matters or joined with any other proceedings or parties. The arbitrator will have the authority to grant motions dispositive of all or part of any claim or dispute. The arbitrator will have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and this Agreement (including this Arbitration Agreement). The arbitrator will issue a written statement of decision describing the essential findings and conclusions on which any award (or decision not to render an award) is based, including the calculation of any damages awarded. The arbitrator shall follow the applicable law. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The arbitrator’s decision is final and binding on you and SendOwl.
  • Waiver of Jury Trial. YOU AND SENDOWL WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND RECEIVE A JUDGE OR JURY TRIAL. You and SendOwl are instead electing to have claims and disputes resolved by arbitration, except as specified in paragraph (a) above. There is no judge or jury in arbitration, and court review of an arbitration award is limited.
  • Waiver of Class or Consolidated Actions. YOU AND SENDOWL AGREE TO WAIVE ANY RIGHT TO RESOLVE CLAIMS WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT ON A CLASS, COLLECTIVE, OR REPRESENTATIVE BASIS. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If, however, this waiver of class or consolidated actions is deemed invalid or unenforceable with respect to a particular claim or dispute, neither you nor SendOwl is entitled to arbitration of such claim or dispute. Instead, all such claims and disputes will then be resolved in a court as set forth in the Section “Exclusive Venue” below.
  • Opt Out. You may opt out of this Arbitration Agreement. If you do so, neither you nor SendOwl can force the other to arbitrate as a result of this Agreement. To opt out, you must notify SendOwl in writing no later than 30 days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, your email address (if you have one), and a CLEAR statement that you want to opt out of this Arbitration Agreement. You must send your opt-out notice to: opt-out-arbitration@sendowl.com. If you opt out of this Arbitration Agreement, all other parts of this Agreement will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may have entered into with us or may enter into in the future with us.
  • Survival. This Arbitration Agreement will survive any termination of your relationship with us.
  • Modification. Notwithstanding any provision in the Agreement to the contrary, we agree that if we make any future material change to this Arbitration Agreement, it will not apply to any individual claim(s) that you had already provided notice of to us.

Exclusive Venue

To the extent the parties are permitted under this Agreement to initiate litigation in a court, both you and SendOwl agree that all claims and disputes arising out of or relating to the Agreement will be litigated exclusively within the State of California for courts situated in San Francisco County, California, or in federal court for the Northern District of California.

Violation of Terms of Service and/or Acceptable Use Policy

Violations of any of the terms outlined in the TOS or any of the conditions outlined in the AUP may result in the suspension or termination of your account without prior notice. SendOwl will attempt to notify account holders of violations, although such notification is not guaranteed, and in severe cases, termination will be immediate. Severe cases are determined by SendOwl at its sole discretion.

Should SendOwl suspend your account, the selling of your goods and services (digital, tangible, or otherwise) will be immediately halted. Access to other areas of the Service may also be prohibited. Should your account be suspended for more than 14 days, then SendOwl reserves the right to delete your account.

SendOwl, at its sole discretion, has the right to suspend your account at any time for any reason. SendOwl will not refund any membership fees paid should an account be terminated.

Legal compliance

You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Service and Your Products. You may not assign, transfer or delegate this agreement, or any part of it. Any assignment, transfer or delegation will result in this agreement becoming null and void.

Notices

Notices shall be issued via email to the email address given at registration, or via a general posting to the Service. It is your responsibility to keep your account email address updated. SendOwl shall not be held responsible for any loss resulting from not having received a notification.

Severability

If any provision of this agreement is held invalid for any reason, the remaining sections’ provisions shall continue to be valid and enforceable.

Governing Law

Headings are for reference purposes only and shall not affect the interpretation of this agreement. This agreement will be covered in all respects by the laws of California.

Updates to this agreement

This agreement may be updated from time to time without notice upon each Merchant or Affiliate.

DMCA POLICY

We respect the copyright and other intellectual property rights of others and expect Users of our website and services (collectively, the “Services”) to do the same. In accordance with the United States Digital Millennium Copyright Act (the “DMCA”) and other applicable law, we have a policy of terminating, in appropriate circumstances and at our sole discretion, Users of the Services who are deemed to be repeat infringers. We also may, in our sole discretion, limit access to the Services and terminate the accounts of any users of the Services who infringe any intellectual property rights of others, whether or not there is any repeat infringement. See our TOS for more information.

Notification of Alleged Copyright Infringement

If you believe that content available on or through our Services infringes one or more of your copyrights, please immediately notify our Copyright Agent by mail, email or faxed notice (“Notification”) providing the information described below, which Notification is pursuant to DMCA 17 U.S.C. § 512(c)(3). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to federal law, you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that content located on or linked to by our Website infringes your copyright, you should consider first contacting an attorney.

All Notifications should include the following:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online website are covered by a single notification, a representative list of such works at that website.
  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online website are covered by a single notification, a representative list of such works at that website.
  • Information reasonably sufficient to permit us to contact the complaining party, such as the name, account name, address, telephone number, and e-mail address at which the complaining party may be contacted.
  • A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
  • A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Submit your notice to our designated DMCA agent by mail or email as set forth below:

DMCA-Agent@sendowl.com

Please note that you may be liable for damages, including court costs and attorney’s fees, if you materially misrepresent that content hosted on the Services is copyright infringing.

Upon receiving a proper notification of alleged copyright infringement, we will remove or disable access to the allegedly infringing material and promptly notify the alleged infringer of your claim. We also will advise the alleged infringer of the DMCA statutory counter-notification procedure described below by which the alleged infringer may respond to your claim and request that we restore this material.

Please note that our furnishing your claim to the alleged infringer will include the personal information you provide in your notification, which the alleged infringer may use to contact you directly. As such, by submitting a notification of alleged copyright infringement, you consent to disclosure of your information in the aforementioned manner.

Counter Notification

If you believe your copyrighted material has been removed from the Services as a result of a mistake or misidentification, you may submit a written counter-notification letter to us. To be an effective counter-notification under the DMCA, your letter must include substantially the following:

  • Identification of the material that has been removed or disabled and the location at which the material appeared before it was removed or disabled.
  • A statement that you consent to the jurisdiction of the Federal District Court in which your address is located, or if your address is outside the United States, for any judicial district in which SendOwl is located.
  • A statement that you will accept service of process from the party that filed the Notification or the party’s agent.
  • Your name, address and telephone number.
  • A statement under penalty of perjury that you have a good faith belief that the material in question was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
  • Your physical or electronic signature.
  • You may submit your Counter Notification to our Copyright Agent by mail, or email as set forth above.

If you send us a valid, written Counter Notification meeting the requirements described above, we will restore your removed or disabled material after 10 business days but no later than 14 business days from the date we receive your Counter Notification, unless our Copyright Agent first receives notice from the party filing the original Notification informing us that such party has filed a court action to restrain you from engaging in infringing activity related to the material in question. Please note that if you materially misrepresent that the disabled or removed content was removed by mistake or misidentification, you may be liable for damages, including costs and attorney’s fees. Filing a false Counter Notification constitutes perjury.