GENERAL

This website, aasends.com (the “Site”), is owned and operated by AA Sends LLC, operating under the agency name AA Sends (“we,” “us,” or “our”).

By using the Site, booking a call, submitting a form, communicating with us, or using any services provided by AA Sends, you agree to be bound by these Terms & Conditions and to use the Site in accordance with these Terms & Conditions, our Privacy Policy, and any additional terms and conditions that may apply to specific services, agreements, proposals, invoices, or client contracts.

Accessing the Site, in any manner, whether automated or otherwise, constitutes use of the Site and your agreement to be bound by these Terms & Conditions.

We reserve the right to change these Terms & Conditions or impose new conditions on use of the Site from time to time. If we make changes, we will post the revised Terms & Conditions on this website. By continuing to use the Site after we post any such changes, you accept the Terms & Conditions as modified.

IMPORTANT INFORMATION AND WHO WE ARE

AA Sends LLC is a Wyoming limited liability company operating under the agency name AA Sends.

AA Sends provides email marketing, SMS marketing, retention marketing, Klaviyo strategy, campaign strategy, automation setup, copywriting, design, analytics, consulting, and related marketing services for eCommerce brands.

Further company contact details are available through our website.

INTELLECTUAL PROPERTY RIGHTS

OUR LIMITED LICENSE TO YOU

This Site and all materials available on the Site are the property of AA Sends LLC, our affiliates, partners, contractors, or licensors, and are protected by copyright, trademark, and other intellectual property laws.

The Site is provided for your personal, informational, and business evaluation purposes only.

You may not use the Site or any materials available on the Site in a manner that constitutes an infringement of our rights or that has not been authorised by us.

Unless explicitly authorised in these Terms & Conditions or by the owner of the materials, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works from, exploit, distribute, license, or otherwise use any material from the Site in any manner or medium, including by email, social media, or other electronic means.

You may, from time to time, download or print one copy of individual pages of the Site for your personal, non-commercial use, provided that you keep intact all copyright, trademark, and other proprietary notices.

YOUR LICENSE TO US

By submitting, sending, posting, uploading, or otherwise providing any material to us through the Site, email, forms, calls, messages, social media, or any other communication channel, you represent that:

You are the owner of the material, or you have permission from the owner to submit it; and
The material does not violate the rights of any third party or any applicable law.

By submitting material to AA Sends, you grant us a royalty-free, worldwide, non-exclusive license to use, copy, store, process, transmit, and display such material solely as necessary to operate our business, respond to your inquiry, provide our services, prepare proposals, manage client communication, or fulfil an agreement with you.

For client work, ownership of final deliverables will be governed by the relevant signed agreement, proposal, invoice, or client contract.

Unless otherwise agreed in writing, AA Sends retains ownership of its internal processes, methods, systems, templates, frameworks, strategies, training materials, know-how, and strategic approaches, even where these are used to provide services to a client.

LIMITATIONS ON LINKING AND FRAMING

You may establish a hyperlink to the Site so long as the link does not state or imply any sponsorship, approval, partnership, or endorsement by AA Sends.

However, you may not, without our prior written permission, frame or inline link any content from the Site, or incorporate any of our material, content, intellectual property, copy, design, videos, frameworks, or brand assets into another website, service, platform, or product.

OUR SERVICES

AA Sends provides marketing services for eCommerce brands, including but not limited to email marketing, SMS marketing, retention strategy, Klaviyo strategy, automation setup, campaign strategy, copywriting, design, analytics, reporting, consulting, and related services.

The exact scope of services, deliverables, timelines, fees, payment terms, performance promises, and obligations will be outlined in a separate written agreement, proposal, invoice, or client contract.

Any information on the Site is provided for general business and marketing purposes only and does not create a client relationship unless a separate agreement is entered into between you and AA Sends LLC.

NO GUARANTEED RESULTS UNLESS AGREED IN WRITING

AA Sends may share case studies, examples, testimonials, revenue results, projections, estimates, or performance claims based on previous work.

However, results vary from business to business.

Your results may depend on many factors, including your offer, products, pricing, website conversion rate, traffic quality, brand trust, email list size, customer data, deliverability, ad performance, approval speed, fulfilment, customer experience, market conditions, implementation speed, third-party platform performance, customer demand, and business operations outside our control.

We do not guarantee any specific revenue, profit, conversion rate, email performance, customer lifetime value, list growth, or business outcome unless that guarantee is clearly stated in a signed written agreement between you and AA Sends LLC.

You acknowledge and agree that no representation has been made by AA Sends LLC as to future income, revenue, expenses, sales volume, profitability, or performance that may be derived from using the Site, booking a call, becoming a client, or using our services, unless expressly stated in a signed written agreement.

PERFORMANCE PROMISE

Where AA Sends agrees to a specific promised outcome in writing, and that outcome is not achieved within the agreed timeframe, AA Sends may continue working for free according to the terms stated in the signed agreement.

This performance promise only applies when it is expressly included in a signed written agreement, proposal, or contract.

It does not apply automatically to every client, website visitor, lead, call booking, or service.

The exact terms of the performance promise, including the promised outcome, measurement method, timeframe, client obligations, exclusions, and what “working for free” includes, must be stated in writing.

Unless specifically agreed in writing, the performance promise does not include refunds, chargebacks, cancellation of amounts owed, reimbursement of third-party costs, or payment of any damages.

CLIENT RESPONSIBILITIES

Clients are responsible for providing the information, access, and cooperation needed for AA Sends to perform the agreed services.

This may include access to Klaviyo, Shopify or other eCommerce platforms, analytics tools, email platforms, SMS platforms, ad accounts, brand assets, product information, customer data, previous campaign data, offer details, timely feedback, timely approvals, accurate business information, and legal permission to contact customers by email or SMS.

Clients are responsible for ensuring that all information provided to AA Sends is accurate, complete, lawful, and not misleading.

Delays in providing access, information, feedback, approvals, or cooperation may delay timelines, deliverables, and results.

AA Sends is not responsible for delays, missed opportunities, or performance issues caused by the client’s failure to provide timely access, information, feedback, approvals, or cooperation.

PAYMENTS AND INVOICES

Payments are made through Stripe invoices, unless otherwise agreed in writing.

Payment terms, pricing, due dates, recurring fees, setup fees, and service fees will be stated in the relevant invoice, proposal, or client agreement.

You agree to pay all invoices by the due date.

If payment is late, AA Sends may pause work, delay deliverables, suspend services, withhold access to work, or terminate the agreement until payment is received.

AA Sends is not responsible for delays, missed deadlines, or performance issues caused by unpaid or late invoices.

You agree to be financially responsible for all purchases, invoices, retainers, setup fees, service fees, or other charges agreed to by you or someone acting on your behalf.

REFUND POLICY

AA Sends does not provide refunds unless stated in a signed written agreement.

If a performance promise applies, and the promised outcome is not achieved, the remedy is that AA Sends may continue working for free according to the written agreement.

The performance promise does not automatically mean a cash refund unless a signed written agreement specifically says so.

Any refund, credit, or free-work arrangement must be agreed in writing.

ONLINE COMMERCE

Certain sections of the Site or communications from AA Sends may allow you to purchase services, pay invoices, book calls, or engage with third-party tools.

Payments may be processed through third-party payment providers such as Stripe.

We are not responsible for the quality, accuracy, timeliness, reliability, availability, security, or functionality of any third-party payment processor, platform, merchant, or service provider.

If you make a payment through a third-party platform, the information collected during the transaction may be collected by both that third-party provider and AA Sends, depending on the circumstances. That third-party provider may have privacy and data collection practices that are different from ours.

Your use of any third-party payment provider or service is subject to that third party’s own terms, policies, and privacy practices.

THIRD-PARTY PLATFORMS

Our services may depend on third-party tools and platforms, including but not limited to Klaviyo, Shopify, Stripe, Cal.com, Meta, Google, Wistia, Microsoft Clarity, email service providers, SMS platforms, analytics tools, advertising platforms, website platforms, payment processors, and data or reporting tools.

AA Sends is not responsible for downtime, bugs, outages, rejected payments, policy changes, account restrictions, deliverability changes, data loss, tracking issues, inaccurate reporting, platform limitations, or other problems caused by third-party platforms.

You acknowledge that third-party platforms may change their features, pricing, policies, tracking, attribution, data access, or functionality at any time.

AA Sends is not liable for losses, delays, missed opportunities, or performance issues resulting from those third-party changes.

EMAIL, SMS, AND MARKETING COMPLIANCE

Clients are responsible for making sure they have the legal right to contact their customers and subscribers.

This includes complying with applicable laws and regulations related to email marketing, SMS marketing, privacy, cookies, consent, data protection, unsubscribes, advertising, consumer protection, customer data, marketing claims, promotions, and discounts.

AA Sends may provide marketing strategy and implementation support, but we do not provide legal advice.

Clients should consult their own legal counsel for compliance advice.

AA Sends is not responsible for claims, penalties, losses, or issues arising from the client’s failure to obtain proper consent, maintain accurate customer data, honour unsubscribe requests, or comply with applicable laws.

SMS MESSAGING PROGRAM TERMS

If you opt into receiving SMS messages from AA Sends, you may receive marketing messages, service updates, reminders, campaign updates, or other communications related to our services.

Message frequency may vary.

You can cancel SMS communications at any time by following the instructions provided in the message, where available, or by contacting us through the contact details available on our website.

Message and data rates may apply.

Carriers are not liable for delayed or undelivered messages.

If you experience issues with an SMS messaging program, you can request assistance through the contact details available on our website.

INTERACTIVE FEATURES

The Site may include features that allow you to submit forms, leave comments, communicate with us, request information, book calls, or otherwise interact with AA Sends.

You are responsible for any material, information, messages, files, data, or content you submit through the Site or through any communication channel.

It is a condition of your use of the Site that you do not:

Restrict or inhibit any other user from using the Site.
Use the Site to impersonate any person or entity.
Falsely state or misrepresent your affiliation with any person or entity.
Interfere with or disrupt any servers, systems, or networks used to provide the Site.
Use the Site to encourage illegal activities or cause injury or property damage.
Gain unauthorised access to the Site, systems, accounts, or networks connected to the Site.
Obtain or attempt to obtain materials or information through means not intentionally made available through the Site.
Post or transmit unlawful, threatening, abusive, defamatory, obscene, vulgar, profane, or otherwise inappropriate material.
Post or transmit material that violates or infringes upon the rights of others.
Post or transmit material containing viruses, malware, or other harmful components.
Use the Site to advertise or solicit products, services, or donations without our written approval.
Gather personal information from the Site for marketing, scraping, spam, or unauthorised purposes.

AA Sends may remove, ignore, reject, or refuse to respond to any submission, message, or content at our discretion.

REGISTRATION

To access certain features, book calls, request information, or engage with services, you may be asked to provide certain information, including your name, email address, company name, website, phone number, or business details.

You agree to provide true, accurate, current, and complete information.

If we have reasonable grounds to suspect that information provided is false, inaccurate, incomplete, misleading, or unlawful, we may refuse service, suspend communication, cancel bookings, or terminate access to services.

Our use of personal information you provide is governed by our Privacy Policy.

PASSWORDS AND ACCOUNT ACCESS

Some third-party tools or client platforms may require usernames, passwords, or account access in order for AA Sends to provide services.

You are responsible for maintaining the confidentiality of your passwords, account credentials, and platform access.

If you provide AA Sends with access to any platform, you represent that you have the authority to grant such access.

AA Sends is not responsible for losses or damages arising from your failure to protect passwords, account credentials, or access permissions.

DISCLAIMERS

Throughout the Site, we may provide links or references to third-party websites, platforms, tools, or services.

Our linking to or referencing third-party sites does not imply endorsement, sponsorship, approval, or responsibility for such sites, tools, products, services, or information.

Neither AA Sends nor its affiliates operate or control any information, products, or services that third parties may provide on or through the Site or on websites linked to by us.

Any opinions, advice, statements, services, offers, examples, or information expressed by third parties are those of the respective authors or providers and not necessarily those of AA Sends.

We do not guarantee the accuracy, completeness, reliability, usefulness, or timeliness of any third-party content.

THE INFORMATION, PRODUCTS, SERVICES, MATERIALS, CONTENT, AND RESOURCES OFFERED ON OR THROUGH THE SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT THE SITE OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR RESULTS OF THE USE OF THE SITE, SERVICES, MATERIALS, THIRD-PARTY PLATFORMS, OR THIRD-PARTY SITES IN TERMS OF CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY, PERFORMANCE, OR OTHERWISE.

NO LEGAL, FINANCIAL, TAX, OR PROFESSIONAL ADVICE

AA Sends is not a law firm, financial advisor, tax advisor, accounting firm, or compliance advisor.

The information on the Site and in our materials is provided for general business and marketing purposes only.

Nothing on the Site or in our services should be considered legal, financial, tax, accounting, compliance, or professional advice.

You are responsible for consulting legal, tax, financial, accounting, or compliance professionals before acting on any information provided by us.

TESTIMONIALS, CASE STUDIES, AND EXAMPLES

Any testimonials, case studies, or examples shown on our website are based on specific clients, businesses, or situations.

They are not guarantees that you will achieve the same or similar results.

Results vary depending on many factors, including the business model, product, offer, traffic, audience, list size, execution, market conditions, customer behaviour, and other factors outside our control.

Any revenue figures, performance examples, or growth claims are provided for illustrative purposes only unless otherwise stated in a signed written agreement.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL AA SENDS LLC, ITS OWNERS, CONTRACTORS, EMPLOYEES, PARTNERS, AFFILIATES, SERVICE PROVIDERS, SUCCESSORS, OR ASSIGNS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE, SERVICES, MATERIALS, CONTENT, THIRD-PARTY PLATFORMS, OR THIRD-PARTY SERVICES MADE AVAILABLE THROUGH THE SITE OR BY US IN ANY WAY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, AA SENDS LLC WILL NOT BE LIABLE FOR LOST PROFITS, LOST REVENUE, LOST BUSINESS OPPORTUNITIES, LOSS OF DATA, PLATFORM OUTAGES, AD ACCOUNT ISSUES, EMAIL DELIVERABILITY CHANGES, WEBSITE DOWNTIME, PAYMENT PROCESSING ISSUES, TRACKING OR ATTRIBUTION ERRORS, INACCURATE ANALYTICS, INDIRECT DAMAGES, INCIDENTAL DAMAGES, CONSEQUENTIAL DAMAGES, ACTIONS OR FAILURES OF THIRD-PARTY PLATFORMS, DELAYS CAUSED BY THE CLIENT, RESULTS NOT ACHIEVED DUE TO FACTORS OUTSIDE OUR CONTROL, OR LEGAL OR COMPLIANCE ISSUES CAUSED BY THE CLIENT’S DATA, CONSENT, PRODUCTS, OFFERS, OR BUSINESS PRACTICES.

IF YOU ARE DISSATISFIED WITH THE SITE, ANY MATERIALS, SERVICES, CONTENT, OR THESE TERMS & CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE AND OUR SERVICES.

OUR TOTAL LIABILITY, IF ANY, WILL BE LIMITED TO THE AMOUNT PAID BY THE CLIENT TO AA SENDS LLC FOR THE SPECIFIC SERVICE GIVING RISE TO THE CLAIM, UNLESS OTHERWISE REQUIRED BY LAW.

Some jurisdictions do not allow the exclusion or limitation of certain damages. In such jurisdictions, our liability is limited to the fullest extent permitted by applicable law.

INDEMNIFICATION

You agree at all times to defend, indemnify, and hold harmless AA Sends LLC, its owners, contractors, employees, partners, affiliates, service providers, successors, and assigns from and against any and all claims, causes of action, damages, liabilities, losses, costs, and expenses, including legal fees and expenses, arising out of or related to:

Your use of the Site.
Your breach of these Terms & Conditions.
Your violation of any law or regulation.
Your misuse of our services.
Your customer data.
Your products, offers, or business practices.
Your failure to obtain proper consent for email or SMS marketing.
Your failure to comply with privacy, marketing, consumer protection, or data protection laws.
Claims made by your customers, subscribers, users, partners, or third parties.
Information, materials, or instructions you provide to AA Sends.

TERMINATION

We may cancel, suspend, or terminate your right to use the Site or any part of the Site at any time without notice.

We may also suspend or terminate services if you violate these Terms & Conditions, fail to make required payments, misuse our services, provide false information, or act in a way that may harm AA Sends, our clients, our systems, or third parties.

In the event of cancellation or termination, you are no longer authorised to access the part of the Site or service affected by such cancellation or termination.

The restrictions imposed on you with respect to materials downloaded from the Site, intellectual property, disclaimers, limitations of liability, indemnification, payment obligations, and other provisions that should reasonably survive termination shall survive.

PRIVACY

Your use of the Site and our services is also governed by our Privacy Policy.

Please review our Privacy Policy to understand how we collect, use, and protect personal information.

SIGNED AGREEMENTS TAKE PRIORITY

If there is a conflict between these Terms & Conditions and a signed written agreement between you and AA Sends LLC, the signed written agreement will control.

This means client contracts, proposals, invoices, or signed service agreements may include terms that are more specific than these website Terms & Conditions.

OTHER

These Terms & Conditions shall be binding upon and inure to the benefit of AA Sends LLC and its respective successors, assigns, contractors, partners, and legal representatives.

You may not assign your rights or obligations under these Terms & Conditions without our prior written consent.

AA Sends LLC may assign its rights and obligations under these Terms & Conditions to an affiliated entity, successor, purchaser, or other party in connection with a merger, acquisition, restructuring, sale, transfer, or continuation of business operations.

If any provision of these Terms & Conditions is found to be unlawful, void, or unenforceable, that provision shall be deemed severable from these Terms & Conditions and shall not affect the validity and enforceability of any remaining provisions.

GOVERNING LAW

These Terms & Conditions are governed by and construed in accordance with the laws of the State of Wyoming, United States, without regard to conflict of law principles.

Any dispute arising from or relating to these Terms & Conditions, the Site, or our services will be handled in accordance with the governing law stated above, unless otherwise required by applicable law or agreed in a signed written agreement.

DISCLAIMER

Although it is unlikely, these Terms & Conditions may be changed at any time at our discretion.

If we update these Terms & Conditions, we will post the updated version on this page.

Your continued use of the Site or our services after any update means you accept the updated Terms & Conditions.