Terms of Service

The agreement

These Terms of Service (“Terms”) are an agreement between you and Tesark Technologies Pvt Limited (“Tesark”, “we”, “us”), 1400, 4th Street, Golden Colony, Tamil Nadu 600050, India, covering your use of Huskar Send at send-app.huskar.io and related websites (the “Service”).

By using the Service, you agree to these Terms and to our Privacy Policy. If you use the Service for an organisation, you confirm that you are authorised to accept these Terms for it, and “you” includes that organisation. If you do not agree, do not use the Service.

The Service

Huskar Send is a visual editor for Amazon SES email templates. It lets you design templates, preview them with sample data, export them, and publish them to Amazon SES accounts that you connect.

Huskar Send does not send email. Sending happens in your own Amazon SES account, under your control. You are responsible for your sending, your recipient lists, and complying with Amazon’s terms and with laws on commercial email, consent, and data protection that apply to you.

We may improve, change, or remove features over time. If we remove a core feature of a paid plan, we’ll tell you in advance where reasonably possible.

Accounts and guest use

• You can use the editor as a guest. Guest templates are stored only in your browser. We cannot recover them if your browser data is cleared.
• To save templates to a workspace or publish to SES, you need an account. Give us accurate information and keep your sign-in details secure.
• You are responsible for activity under your account and workspace. Tell us promptly at hello@huskar.io if you suspect unauthorised access.
• You must be at least 18 years old and able to form a binding contract to use the Service.

Your AWS account

• By connecting an AWS account, you authorise us to use the access you grant to create, update, and read SES email templates and read SES account status, only when you or your workspace members take an action that requires it, such as publishing.
• You are responsible for reviewing the CloudFormation template before deploying it, for the resources in your AWS account, and for any charges AWS bills you.
• You can revoke our access at any time by deleting the CloudFormation stack or disconnecting the account.
• Publishing creates or updates templates in SES and can overwrite existing templates of the same name. The Service warns you when it detects that a template was changed directly in SES, but you remain responsible for what you publish.

Your content

You keep all rights in the templates, images, sample data, and other content you add to the Service (“Your Content”). You grant Tesark a limited licence to host, store, process, and display Your Content only as needed to provide and support the Service for you.

You are responsible for Your Content and confirm that you have the rights to use it. Use fictitious sample data where you can. Where Your Content includes personal information, we process it on your behalf and as described in our Privacy Policy.

You can export your templates at any time, including as a guest.

Acceptable use

You must not use the Service to:

• create templates for spam, phishing, malware, fraud, or messages that impersonate another person or organisation;
• break any law, or infringe anyone’s intellectual property, privacy, or other rights;
• access accounts, workspaces, or AWS resources you are not authorised to use;
• probe, disrupt, or overload the Service, or bypass its security or usage limits;
• copy, resell, or reverse engineer the Service, except as the law expressly allows;
• upload AWS access keys or other secrets anywhere other than the fields designed for them.

Plans, fees, and payment

Some features are available free of charge. Paid plans, when offered, are described on our pricing page and at checkout, and the price and billing period shown when you buy apply to your purchase.

• Payments are processed by Razorpay. By paying, you also agree to Razorpay’s applicable terms.
• Prices exclude taxes unless stated. You are responsible for applicable taxes, including GST, which we add where required.
• Subscriptions renew automatically at the end of each billing period until cancelled. We will tell you before any price change takes effect for your next renewal.
• If a payment fails, we may retry it and, after notice, limit paid features until the balance is paid.

Cancellation and refunds

• You can cancel a paid plan at any time from your account or by emailing hello@huskar.io. Cancellation takes effect at the end of the current billing period, and you keep paid features until then.
• Fees already paid are non-refundable, including for partly used billing periods, except where the law requires a refund, where we cancel the Service for reasons other than your breach, or where we state otherwise at purchase.
• If you believe you were charged in error, contact us within 30 days of the charge and we will investigate. Approved refunds are returned to the original payment method.

Third-party services

The Service works with services we don’t control, including Amazon Web Services, Supabase, and Razorpay. Your use of those services is governed by their own terms. We are not responsible for their availability, changes to their APIs, or how they handle your data.

Our intellectual property

The Service, including its software, design, starter templates, and the Huskar Send name and logo, belongs to Tesark and its licensors. We grant you a limited, non-exclusive, non-transferable right to use the Service under these Terms. You may use starter templates as the basis for your own emails.

If you send us feedback or suggestions, we may use them without any obligation to you.

Suspension and termination

You can stop using the Service and ask us to delete your account at any time. We may suspend or end your access if you materially breach these Terms, if your use creates a security or legal risk, or if required by law. Where reasonable, we will give you notice and a chance to fix the issue first.

After termination, we may delete your workspace data in line with our Privacy Policy. Export anything you want to keep before you close your account. Sections that by their nature should continue, such as fees owed, disclaimers, limitation of liability, indemnity, and governing law, survive termination.

Disclaimers

The Service is provided “as is” and “as available”. To the fullest extent permitted by law, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement.

Previews are close approximations of how email clients render a template. Email clients differ, and classic desktop Outlook in particular can render differently. Test important emails in the clients your recipients use. We do not guarantee that the Service will be uninterrupted or error-free.

Limitation of liability

To the fullest extent permitted by law:

• neither party is liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits, revenue, goodwill, or data, even if advised of the possibility;
• Tesark’s total liability arising out of or relating to the Service or these Terms is limited to the greater of the amounts you paid us for the Service in the 12 months before the event giving rise to the claim, or INR 8,000.

These limits do not apply to liability that cannot be limited by law.

Indemnity

You will defend and indemnify Tesark against claims, losses, and costs (including reasonable legal fees) arising from Your Content, the emails you send using templates made with the Service, or your breach of these Terms or applicable law.

Governing law and disputes

These Terms are governed by the laws of India. Before starting formal proceedings, both parties will try in good faith to resolve a dispute by contacting each other at the addresses in these Terms. Subject to that, the courts at Chennai, Tamil Nadu, have exclusive jurisdiction over any dispute arising out of or relating to these Terms or the Service.

Changes to these terms

We may update these Terms from time to time. We’ll post the new version here with a new “last updated” date. If a change is material, we’ll notify signed-in users by email or in the Service at least 15 days before it takes effect. Continuing to use the Service after that date means you accept the updated Terms.

General

• These Terms and the Privacy Policy are the entire agreement between us about the Service, unless we have signed a separate written agreement with you, which then takes precedence.
• If any part of these Terms is found unenforceable, the rest stays in effect.
• Not enforcing a right is not a waiver of it.
• You may not assign these Terms without our consent. We may assign them in connection with a merger, acquisition, or sale of assets.
• Neither party is liable for delays caused by events beyond its reasonable control.

Contact