Last Updated: 1/20/2026
ez Home Search, Inc., doing business as Sure Send ("Sure Send", "Company", "we", or "us"), provides a platform and tools to enable Company's clients ("Clients", "you", or "your") to handle lead management and communications to Client's customers ("Customers") ("Service" or "Services"). These Terms and Conditions ("Terms") govern your use of our website Suresend.ai and the Services. By accessing or using the Services, you agree to be bound by these Terms. If you do not agree to these Terms, you may not use the Services.
Sure Send provides access to the Services subject to these Terms and the Privacy Policy. By using the Services, you agree to Sure Send's Privacy Policy. Sure Send may update these Terms at any time. The latest versions will be available on Sure Send's website or within the Services.
PLEASE NOTE THAT THESE TERMS CONTAIN A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER THAT AFFECT YOUR LEGAL RIGHTS. PLEASE REVIEW SECTION I "BINDING ARBITRATION AND CLASS ACTION WAIVER" BELOW FOR MORE INFORMATION.
means all consumer protection laws, including but not limited to consumer privacy and telemarketing laws such as the California Consumer Privacy Act of 2018 ("CCPA"), together with any final regulations published by the California Attorney General, the Telephone Consumer Protection Act, ("TCPA") and the FCC's implementing rules and regulations, the Telemarketing Sales Rule ("TSR"), Do Not Call ("DNC") rules, the Federal Trade Commission Act ("FTC Act") and all FTC rules, regulations, and guidelines, the Telemarketing and Consumer Fraud and Abuse Prevention Act, and the CAN-SPAM Act of 2003.
means a user designated and approved by Client to access the Services using their own account.
means the information regarding Client's Customers which Client chooses to place into the Platform, including but not limited personal information which may identify the Customer.
means any fees or charges associated with the Services, including, but not limited, to the monthly subscriptions fees.
means the portion of the Services which allows Client to access Customer Data and perform various operations within the Services, including, but not limited, communication with Customers.
means any account Client or Authorized Users create in order to access the Platform.
means any unlawful, fraudulent, abusive, or harmful use of the Services, including but not limited to originating any calls in violation of Applicable Laws (such as the TCPA, TSR, and DNC rules), initiating calls using an automatic telephone dialing system, ("ATDS"), or an artificial/pre-recorded voice, including AI-generated voice, without legally required prior express consent, engaging in any fraudulent, abusive, harassing, or illegal purpose, perpetrating scams, ("e.g., tech support or imposter scams"), phishing, illegal debt collection, or any activity that causes harm, disrupts network operations, or interferes with the stability, security, or integrity of the Services.
To use the Platform, you must provide complete, current, and accurate information when registering. The Platform is designed for business use only. If you accept these Terms as an individual, you own the Platform Account. Should you accept these Terms on behalf of a business, the business owns the Platform Account. By doing so, you are representing you have the authority to bind that business to these Terms.
If a dispute arises about who owns a Platform Account, we may request documentation to determine the rightful owner. We are not required to act as a judge or arbitrator in such disputes, and our decision will be final and binding. In the event of an ownership dispute, we may request additional document to resolve the dispute. We reserve the right to reject any documents we believe are fraudulent, altered, or unreliable. If we cannot reasonably determine the rightful owner, or if the disputing parties don't resolve the matter, we may suspend or terminate the account until the parties reach a written agreement or a court resolves the dispute. You agree to defend, indemnify, and hold us harmless from any claims, liabilities, and expenses (including attorney fees) related to our handling of ownership disputes. By accepting these Terms, you waive any claims against us arising from how we manage your account or resolve ownership disputes.
You may only use the Platform for lawful purposes and in accordance with these Terms. You agree that you and your customers will not use the Platform in any way that violates applicable laws or regulations, or engage in any Prohibited Uses. You also agree that account information is specific to your use of the Services. As such, account information, including passwords, are not to be shared with any other individual. We shall not be liable for any damages, losses or liabilities related to any unauthorized use, security breach, or data loss that results from your failure, or the failure of your Authorized Users, to implement appropriate security measures to your Account.
We reserve the right, but the obligation, to monitor how you use the Platform. If we determine that a Sub-Account which is affiliated with your Platform Account is engaging in suspicious activity, violating the law, or breaching these Terms, we may ask you to suspend or terminate that Sub-Account's access. You agree to comply promptly with such requests. Failure to do so may result in suspension or termination of your Platform Account.
These Terms will remain in full force and effect so long as you maintain a Platform Account. The sections of these Terms that are intended to survive the termination of your Platform Account will remain binding even after you are no longer a Client.
You agree that we may suspend or terminate your access to the Platform at any time should we, in our sole discretion, suspect you are using the Platform in such a way that violates these Terms. Should your suspension last longer than ninety (90) days, we may terminate your access to the Platform at that point. You will be given written notice of any suspension or termination under this Section D.
Following the termination or cancellation of your Platform Account, we will retain the data associated with your account for ninety (90) days ("the Retention Period"). After the Retention Period, Company reserves the right to permanently delete all of your data from our systems.
Company is not liable to you or any third party for any claims or damages arising from any termination, suspension, deletion of data in accordance with these Terms, or any other actions taken by us with regards to access to your Platform Account.
We are granting you and your Authorized Users a limited, non-exclusive, non-transferable license to use the Services. Any license granted to You or your Authorized Users are subject to your Account being in good standing with these Terms.
The rights granted to you in these Terms are limited by these rules: (a) you may not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise use the Services for commercial purposes; (b) you may not change, create new versions of, take apart, or reverse engineer any part of the Services; (c) you may not access the Platform or Services to create a similar or competing website, product, or service; (d) unless specifically allowed here, you may not copy, reproduce, distribute, republish, download, display, post, or transmit any part of the Services in any way; and (e) you must not use the Services in a way that breaks these Terms. Any new features, updates, or additions to the Services will also be covered by these Terms, unless we specifically say otherwise in writing.
As between you and Company, all intellectual property rights in the Services, Platform, or any parts thereof, including any and all software, databases, and other aspects and technologies related to the Services or Platform and any and all derivatives, changes, and improvements, whether suggested by Client or not, shall remain exclusively the property of the Company. Additionally, any trademarks that are used or displayed in the Services or Platform are owned by Company. Company's trademarks may not be copied or used, in whole, partial, or modified form, without the prior written permission of Company.
You represent and warrant that you will maintain all necessary licenses, permissions, authorizations, consents, and permits required under these Terms. You are fully responsible for your actions and the actions of your employees, agents, and Authorized Users who use the Platform. You, your employees, agents, and Authorized Users will not misrepresent the Platform or Services. Additionally, you will ensure that any of your employees or agents with Platform access will be bound by these Terms. Furthermore, you own or control all rights to any content you provide to us, including any code used to customize the Platform for your customers. Should we need additional information from you to respond to valid information requests from law enforcement, regulators, or telecommunications providers, then you acknowledge that you, your employees, and your Authorized Users will reasonably cooperate with these information requests in a timely manner.
You represent and warrant that you are solely responsible for complying with all Applicable Laws and these Terms in your use of the Services. Complying with all Applicable Laws includes you being solely responsible (a) for collecting and maintaining of your Customer Data in accordance with all Applicable Laws, including, but not limited to, the rules and regulations around any federal and/or state Do-Not-Call lists and applicable privacy laws; and (b) for ensuring you have provided any and all required notices and obtaining any and all required consents, including "prior express consent" as required by the TCPA, to use the Services. You represent and warrant that you are solely responsible for ensuring you are complying with any state or local telemarketing license, registration, or bonding requirements which may be required due to your use of the Services. Additionally, you are solely responsible for the content of your communications. You agree that Sure Send is not offering any compliance or legal advice to you specifically and that you are responsible for ensuring your configuration and use of any of the features of the Services are compliant with all Applicable Laws. You agree that Sure Send shall not be liable for any liability for the content or legality of the communications transmitted to consumers through the Services.
You agree to give us accurate and complete billing information (name, address, credit card details, and phone number) and tell us about any changes within 10 days of the changes being effective. Your use of the Platform requires timely payment of all Fees. Fees may include subscription fees, add-on services, and other usage-based or subscription charges. Fee amounts may change over time. Subscription fees will be billed monthly or annually in advance, based on your plan, until you cancel. By accepting these terms, you understand that your subscription will automatically renew and we will charge your payment method at the current rates without asking for your approval again. Additionally, you give Sure Send the permission to charge your payment method to prevent overdrafts and to make such automatic deductions and charges to ensure your access to the Services in accordance with the "Rebilling" section below.
Your Platform Account will auto-reload to ensure you have funds to pay for your Services through rebilling. Rebilling for the Services is automatically turned on, but you can turn it off or change the auto-reload amount in your Account settings. When the amount in your Platform Account is not sufficient to cover your usage of the Services, we will automatically charge your payment method to refill it to your chosen amount. If your Platform Account goes negative, we will automatically charge your credit card to cover the negative amount and add funds to prevent overdrafts.
If your credit card company declines or refuses to pay for the Services you purchased, we will try charging your card again for up to 7 business days. If we still cannot process the payment after these attempts, we may suspend your Platform Account for non-payment. We may also require you to pay any overdue Fees and other charges (including third-party chargeback fees or penalties) by another payment method we accept. If we need to take legal action to collect what you owe, you agree to reimburse us for all collection costs, including reasonable attorney fees and legal expenses. If you want to dispute any charges, you must notify us in writing within 30 days of the invoice date. You must continue paying all invoiced Fees and charges while the dispute is being resolved, or you lose your right to dispute them. When disputing Fees, you must act reasonably and in good faith and work with us diligently to resolve the issue. You agree that Sure Send's decisions about your payment obligations are final.
All Fees assessed by us in connection with your access to the Services are non-refundable, regardless of whether you accessed or used the Services during your subscription period. You are solely responsible for your use of the Services and any and all Fees incurred by your use of the Services, regardless of whether the Fees were a result of an error. Notwithstanding the foregoing, Sure Send reserves the right to issue any refunds or credit in its sole discretion.
EXCEPT AS EXPRESSLY STATED HEREIN, NEITHER PARTY IS MAKING ANY OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE PARTIES UNDERSTAND AND ACKNOWLEDGE THE SERVICES AND PLATFORM ARE PROVIDED "AS IS". YOUR USE OF THE PLATFORM IS AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES. YOU AGREE THAT COMPANY HAS NO RESPONSIBILITY OR LIABILITY FOR THE DELETION OR FAILURE TO STORE ANY INFORMATION OR CONTENT MAINTAINED OR TRANSMITTED ON OR THROUGH THE PLATFORM.
COMPANY HAS THE SOLE RIGHT TO EITHER MODIFY OR DISCONTINUE THE PLATFORM, INCLUDING ANY SERVICES OR FEATURES THEREIN, AT ANY TIME WITH OR WITHOUT NOTICE TO YOU. WE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY SHOULD WE EXERCISE SUCH RIGHT.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
EXCEPT IN CONNECTION WITH YOUR INDEMNIFICATION OBLIGATIONS UNDER THIS SECTION H, NEITHER PARTY'S DAMAGES FOR ANY CLAIM ARISING UNDER OR RELATED TO THESE TERMS, THE SERVICES, OR PLATFORM, INCLUDING ANY CLAIM BROUGHT AGAINST A PARTY'S PARENT, SUBSIDIARIES, BUSINESS AFFILIATES, AND BUSINESS PARTNERS, SHALL BE GREATER THAN THE AMOUNT ACTUALLY PAID BY OR PAYABLE TO COMPANY DURING THE PREVIOUS THREE MONTHS. IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER OR ANY THIRD PARTY FOR LOSS PROFITS, LOST DATA, OR ANY OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR FOR ANY INDIRECT, SPECIAL, OR PUNITIVE DAMAGES REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT PRODUCT LIABILITY, OR OTHERWISE, EVEN IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You agree to defend, indemnify, and hold harmless the Company, its parent, subsidiaries and affiliates, and each of their respective officers, directors, employees, contractors, agents, representative, successors and assigns from and against any and all costs, expenses, and losses (including reasonable attorneys' fees and costs) incurred through any claim, lawsuit, demand or cause of action brought by a third party (collectively, a "Claim") that arise from: (i) any breach or violation of any representation or warranty contained in the Services Agreement, or (ii) any breach or violation of any Applicable Law, including, but not limited to, Claims related to TCPA violations. Should the Company seek indemnification under the Services Agreement, the Company shall (i) give prompt written notification to indemnifying Party as to the existence of the indemnifiable Claim within thirty (30) days of notification of the assertion of such Claim, (ii) provide such information, cooperation and assistance as may reasonably be necessary for the defense of such Claim; and (iii) grant full authority to the indemnifying Party to defend or settle such Claim, subject to the reasonable consent of the indemnified Party, such consent not be unreasonably withheld. The failure of the Party seeking indemnification to promptly notify the indemnifying Party as to the existence of an indemnifiable Claim shall not relieve the indemnifying Party of its obligations under the Services Agreement, except to the extent that such failure or delay is material or prejudicial.
PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY REQUIRE YOU TO AGREE TO RESOLVE ALL DISPUTES BETWEEN US THROUGH BINDING INDIVIDUAL ARBITRATION.
Any controversy or claim arising out of or relating to these Terms shall be exclusively settled by arbitration administered by the American Arbitration Association in accordance with Commercial Arbitration Rules, then in effect. This arbitration provision is governed by the Federal Arbitration Act. The arbitration proceedings shall be held in South Carolina. Any arbitration award may be entered in a court of competent jurisdiction.
All claims and disputes within the scope of this arbitration agreement must be arbitrated or litigated 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.
Failure to enforce any provision of these Terms shall not be deemed as a waiver of such term or condition or a waiver of any other term or condition. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent necessary while the remaining provisions of the Terms shall remain in full force.
Client shall not have the right to assign these Terms without the prior written consent of the Company.
Company shall not be liable or deemed to be in default for any delay or failure in performance of any obligation under these Terms resulting, directly or indirectly, from acts of God, civil or military authority, acts of the public enemy, acts of terrorism, war, riots, civil disturbances, insurrections, accidents, fire, explosions, earthquakes, floods, the elements, or any other cause beyond the reasonable control of Company.
The Parties agree that any breach of these Terms would cause irreparable harm and injury to Company for which monetary damages would not be an adequate remedy, and Company shall be entitled to seek equitable relief, in addition to any remedies available it may have hereunder or at law, without having to post a bond or other security.
The laws of the State of South Carolina will govern these Terms and Conditions and any disputes under with, without regard to any principles of conflicts of laws.
The Parties agree that these Terms constitute the entire agreement between Company and Client with respect to the Services and supersedes all prior negotiations, agreements, and commitments whether written or verbal. These Terms may not be amended or modified except by a subsequent written agreement signed by both Parties.
All notices to a Party shall be in writing and shall be made via email. Any notice to Company shall be sent to: support@suresend.ai All email notice to Client shall be sent either to the email address designated by Client or any email address we have on record.
For all comments, questions, or other communications regarding these Terms, please contact: