These Terms of Service ("Terms") constitute a legally binding agreement between you ("Customer," "you," or "your") and Marino Ventures, LLC d/b/a Send Quotes ("Company," "we," "us," or "our"), the provider of the Send Quotes software-as-a-service platform (the "Service"). Send Quotes is a trade name operated by Marino Ventures, LLC. By accessing or using the Service, creating an account, clicking "I Agree," or by otherwise indicating acceptance, you agree to be bound by these Terms and our Privacy Policy, incorporated herein by reference.
If you are entering into these Terms on behalf of a business entity, you represent and warrant that you have the authority to bind that entity. If you do not agree to these Terms, you may not use the Service.
Send Quotes is a cloud-based SaaS platform that enables businesses to create, customize, send, track, and manage templated quotes and proposals to their clients. The Service includes access to a library of customizable Templates, quote management tools, client-facing delivery features, electronic acceptance functionality, and related integrations.
Company reserves the right to modify, update, or discontinue any feature of the Service at any time, provided that Company will use commercially reasonable efforts to notify Customers of material changes that may adversely affect their use of the Service.
To use the Service, you must create an Account and provide accurate, complete, and current information. You are responsible for:
Company will not be liable for any loss or damage arising from your failure to maintain adequate Account security. You may not share login credentials across multiple individuals without written consent from Company.
The Service is offered on a subscription basis. The specific features, limits, and pricing applicable to your Subscription are set forth in the applicable Order Form or on the Company's then-current pricing page.
By providing a payment method, you authorize Company to charge all applicable fees when due. Subscriptions are billed in advance on a monthly or annual basis, depending on your selected plan. All fees are non-refundable except as expressly stated herein or required by applicable law.
Subscriptions automatically renew at the end of each billing cycle at the then-current rate unless cancelled prior to renewal. You may cancel auto-renewal through your account settings or by contacting Company support at least five (5) business days before the renewal date.
Company may adjust Subscription fees upon at least thirty (30) days' prior written notice. Your continued use of the Service following the effective date of any fee change constitutes acceptance of the new pricing. If you do not agree, you may cancel your Subscription before the change takes effect.
Fees do not include applicable taxes, levies, or duties. Customer is responsible for all applicable taxes other than taxes based on Company's net income.
Overdue amounts may accrue interest at the lesser of 1.5% per month or the maximum rate permitted by law. Company reserves the right to suspend or terminate access to the Service for non-payment.
Company may offer a free trial period at its sole discretion. If you provide payment information during a free trial, you will not be charged until the trial expires. At the end of the trial, your Subscription will automatically commence unless you cancel before trial expiration. Company may modify or terminate free trial offers at any time without notice.
You agree to use the Service only for lawful business purposes and in compliance with these Terms. You shall not:
Company reserves the right to investigate suspected violations of this policy and, at its discretion, suspend or terminate Accounts without notice.
You retain all right, title, and interest in and to your Customer Data. By using the Service, you grant Company a limited, non-exclusive, worldwide, royalty-free license to access, process, store, and use Customer Data solely as necessary to provide, maintain, and improve the Service in accordance with these Terms and our Privacy Policy.
The Service, including all Templates, software, algorithms, interfaces, documentation, and related materials, is and shall remain the exclusive property of Marino Ventures, LLC and its licensors. These Terms do not grant you any ownership rights in the Service. All rights not expressly granted herein are reserved by Company.
If you provide feedback, suggestions, or ideas regarding the Service ("Feedback"), you grant Company an irrevocable, perpetual, worldwide, royalty-free license to use and incorporate such Feedback into the Service without any obligation to you.
Company may collect and use anonymized, aggregated usage data and analytics derived from Customer Data to improve the Service, develop new features, and for internal business purposes, provided that such data does not identify you or your end clients.
Company provides Templates as a starting point for your quotes and proposals. Templates are provided "as-is" for informational and presentation purposes only. Company makes no representation that Template content is legally sufficient, accurate, or appropriate for any particular jurisdiction or use case. You are solely responsible for reviewing, customizing, and ensuring that any quotes or proposals you send to your clients are accurate, compliant with applicable laws, and appropriate for your business.
Company is not a party to any quote, proposal, contract, or transaction you generate or send using the Service. All business terms, pricing, and agreements between you and your clients are solely between you and your clients.
Each party agrees to maintain in confidence any non-public information disclosed by the other party in connection with these Terms that is designated as confidential or that reasonably should be understood to be confidential ("Confidential Information"). Each party agrees to use the other party's Confidential Information solely for the purposes of these Terms and to protect it with the same degree of care as it uses to protect its own confidential information, but no less than reasonable care. This obligation does not apply to information that: (a) is or becomes publicly available through no fault of the receiving party; (b) was rightfully known prior to disclosure; (c) is independently developed without reference to Confidential Information; or (d) is required to be disclosed by law or court order, provided that the disclosing party provides prompt written notice where legally permissible.
Company's collection, use, and handling of personal data is governed by our Privacy Policy, which is incorporated into these Terms. Company implements commercially reasonable technical and organizational security measures designed to protect Customer Data against unauthorized access, loss, or disclosure.
In the event of a confirmed data breach that affects Customer Data, Company will notify affected Customers in accordance with applicable law and its breach notification procedures.
The Service may integrate with or link to third-party applications and services (e.g., payment processors, CRM tools, accounting software). Such integrations are provided as a convenience, and Company does not endorse or control any third-party services. Your use of third-party services is subject to the respective third party's terms of service and privacy policies. Company is not responsible for the availability, accuracy, or practices of any third-party service.
Company warrants that the Service will perform materially in accordance with its Documentation under normal use. Customer's exclusive remedy for breach of this warranty is for Company to use commercially reasonable efforts to correct the non-conforming functionality.
EXCEPT AS EXPRESSLY SET FORTH IN SECTION 13.1, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND TITLE. COMPANY DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY DEFECTS WILL BE CORRECTED.
Company does not warrant that any Templates or quote content generated through the Service are legally binding, enforceable, or compliant with any applicable laws or regulations in any jurisdiction.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COMPANY AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, REVENUE, DATA, BUSINESS, GOODWILL, OR ANTICIPATED SAVINGS, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF COMPANY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL COMPANY'S TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE EXCEED THE GREATER OF (A) THE TOTAL FEES PAID OR PAYABLE BY YOU TO COMPANY IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY, OR (B) ONE HUNDRED U.S. DOLLARS ($100.00).
Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you.
You agree to defend, indemnify, and hold harmless Marino Ventures, LLC, its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your use of the Service in violation of these Terms; (b) your Customer Data or quotes sent to your clients; (c) your violation of any applicable law or regulation; or (d) any dispute between you and your clients arising from quotes or proposals created through the Service.
These Terms are effective upon your acceptance and continue until your Subscription is terminated.
You may cancel your Subscription at any time through your Account settings. Cancellation is effective at the end of the then-current billing cycle. No refunds will be issued for unused portions of a prepaid Subscription period, except as required by applicable law.
Company may suspend or terminate your Account and access to the Service immediately upon notice if: (a) you breach these Terms and fail to cure such breach within ten (10) days of notice; (b) you engage in fraudulent, abusive, or unlawful conduct; (c) required by law; or (d) Company ceases to offer the Service.
Upon termination, your right to access the Service ceases immediately. Company will make Customer Data available for export for a period of thirty (30) days following termination, after which Company may delete Customer Data in accordance with its data retention policies. Sections 7, 8, 10, 13, 14, 15, 17, 18, and 19 shall survive termination.
These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law provisions.
Any dispute, controversy, or claim arising out of or relating to these Terms or the Service shall be resolved by binding arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules, except that either party may seek injunctive or other equitable relief in any court of competent jurisdiction for matters involving intellectual property or confidentiality obligations.
THE PARTIES AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN ARBITRATION, EACH PARTY WAIVES ANY RIGHT TO A JURY TRIAL.
These Terms, together with the Privacy Policy and any applicable Order Forms, constitute the entire agreement between the parties with respect to the Service and supersede all prior agreements and understandings.
Company may update these Terms at any time by posting the revised Terms at https://www.send-quotes.com/terms and providing notice via email or in-app notification at least thirty (30) days in advance of material changes. Your continued use of the Service after the effective date constitutes acceptance of the revised Terms.
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
Failure of either party to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.
You may not assign or transfer these Terms or any rights hereunder without Company's prior written consent. Company may assign these Terms in connection with a merger, acquisition, or sale of all or substantially all of its assets.
Neither party shall be liable for delays or failures in performance caused by events beyond its reasonable control, including acts of God, natural disasters, government actions, cyberattacks on third-party infrastructure, or internet outages.
The Service is a software tool and does not constitute legal advice. Company is not a law firm. Any Templates or documents generated through the Service should be reviewed by qualified legal counsel before use.
For questions about these Terms, please contact us at:
Marino Ventures, LLC d/b/a Send Quotes
Email: support@send-quotes.com
Website: https://www.send-quotes.com