Terms & Conditions

Last updated: 30th June 2026

These Terms & Conditions apply to the CreateSend email marketing service provided by Byrne Ventures Limited trading as Acton BV / CreateSend.

By using CreateSend, requesting access to CreateSend, or instructing us to provide CreateSend services, you agree to these Terms & Conditions.

1. About CreateSend

CreateSend is an email marketing service provided by Byrne Ventures Limited trading as Acton BV / CreateSend.

Legal entity: Byrne Ventures Limited
Trading names: Acton BV / CreateSend
Company number: 403195
Registered office: Unit 9, Clare Technology Park, Ennis, Co. Clare, V95 YV78, Ireland
Contact:[email protected]

CreateSend is operated using trusted third-party email marketing platform, hosting, delivery, analytics, infrastructure and support providers. These providers may process data where necessary to deliver, secure, support and maintain the service.

Details of relevant sub-processors are made available to clients through our Data Processing Agreement or on request.

2. Agreement

These Terms & Conditions, together with any agreed quote, order form, proposal, service agreement, Data Processing Agreement, Privacy Policy and Anti-Spam Policy, form the agreement between you and Acton BV for the use of CreateSend.

Where we enter into a separate written agreement with you, that agreement shall apply in addition to these Terms. If there is a conflict between documents:

  1. the Data Processing Agreement shall prevail for data protection matters;
  2. any signed service agreement or order form shall prevail for specific service scope and pricing;
  3. these Terms shall apply to general use of CreateSend.

3. Services Provided

CreateSend may include, depending on what has been agreed:

  • access to the CreateSend email marketing platform;
  • account setup and configuration;
  • subscriber list setup and management;
  • suppression list management;
  • campaign creation and sending;
  • template setup or support;
  • campaign reporting;
  • user access setup;
  • general support relating to the CreateSend service.

Any additional services, including design, copywriting, list cleansing, database preparation, training, integration work or bespoke development, may be quoted separately.

4. Client Responsibilities

You are responsible for how you use CreateSend.

You confirm that:

  • you have the necessary authority to use CreateSend on behalf of your organisation;
  • all subscriber data supplied by you is accurate, lawful and properly obtained;
  • you have a valid lawful basis and, where required, appropriate marketing consent or permission to contact each subscriber;
  • your use of CreateSend complies with applicable data protection, privacy, email marketing and electronic communications laws;
  • your email content is lawful, accurate and not misleading;
  • you will maintain and respect unsubscribe, opt-out and suppression records;
  • you will not upload or use purchased, scraped, harvested or otherwise unlawfully obtained mailing lists;
  • you will not use CreateSend to send unsolicited, unlawful, harmful, offensive, discriminatory, defamatory or misleading communications.

You are responsible for your subscriber data, campaign content, list quality, recipient permissions, sender details, campaign approvals and use of the platform.

5. Subscriber Lists and Permissions

CreateSend may only be used with permission-based subscriber lists.

You must not upload or use any list unless you can demonstrate that the recipients may lawfully receive the relevant communication from you.

You must not use:

  • purchased mailing lists;
  • scraped or harvested email addresses;
  • third-party lists where you do not have proper permission;
  • old or inactive lists where permission is no longer valid;
  • lists that are likely to generate high complaint, bounce or unsubscribe rates.

We may request information about how a list was collected. We may refuse, suspend or cancel a campaign or account where we have concerns about list quality, consent, permissions, compliance, deliverability or reputational risk.

6. Unsubscribes and Suppression Lists

You must respect all unsubscribe, opt-out and suppression requests.

CreateSend includes tools to manage unsubscribes and suppression lists. You are responsible for ensuring that suppressed or unsubscribed contacts are not re-imported, reactivated or contacted unlawfully.

Where you provide suppression lists to us, you are responsible for ensuring that those lists are accurate and complete.

7. Campaign Content

You are responsible for all campaign content, including text, images, links, attachments, offers, claims, promotions, sender information and legal notices.

You must ensure that each campaign includes appropriate sender identification and unsubscribe functionality.

We may refuse, suspend or cancel any campaign where we reasonably believe it may breach these Terms, applicable law, anti-spam requirements, platform rules or acceptable use standards.

8. Tracking and Reporting

CreateSend may provide campaign reporting and engagement tracking, including information about email sends, deliveries, opens, clicks, bounces, complaints, unsubscribes, IP address, browser, device, email client and similar technical data.

You are responsible for ensuring that your privacy notices, consent mechanisms and communications properly describe and permit this type of tracking where required by applicable law.

If you cannot lawfully use tracking or reporting functionality, you must tell us before using the service.

9. Sensitive Data

CreateSend is not designed or intended for the processing of sensitive personal data.

You must not upload, store, send or otherwise process special category data or other highly sensitive data through CreateSend unless we have expressly agreed this in writing.

This includes health data, financial account data, cardholder data, government identifiers, children’s data, criminal offence data, trade union membership, religious or philosophical beliefs, racial or ethnic origin, political opinions, biometric data, genetic data or data concerning a person’s sex life or sexual orientation.

If we become aware that sensitive data has been uploaded or processed in breach of these Terms, we may require you to remove the data, suspend processing or terminate the service.

10. Account Access and Security

You are responsible for maintaining the security of your account access.

You must:

  • keep usernames and passwords secure;
  • ensure only authorised users access your account;
  • remove access for staff or contractors who no longer require it;
  • notify us promptly if you suspect unauthorised access;
  • use multi-factor authentication where available;
  • ensure that devices used to access CreateSend are appropriately secured.

We are not responsible for loss or damage arising from your failure to secure account credentials, user access or devices.

11. Platform Availability and Third-Party Systems

We aim to provide a reliable service, but CreateSend depends on third-party systems, including email marketing platform providers, internet service providers, email providers, spam filtering systems, recipient mail servers, hosting providers and infrastructure providers.

We do not guarantee uninterrupted or error-free service.

We are not responsible for delays, interruptions, non-delivery, spam filtering, bounce rates, blacklisting, recipient mail server decisions, third-party platform issues or other matters outside our reasonable control.

Email delivery is not guaranteed. Successful delivery may depend on recipient mail servers, spam filters, domain authentication, list quality, content quality, sender reputation and other factors.

12. Support

We provide reasonable support for the CreateSend service.

Support may include account assistance, platform guidance, campaign support, list import support, suppression list assistance and troubleshooting.

Support does not include legal advice, data protection advice, marketing strategy, copywriting, design, list cleansing, integration work or bespoke technical work unless separately agreed.

13. Fees and Payment

You must pay the fees agreed with us for your use of CreateSend.

Fees may include platform charges, subscriber charges, campaign charges, setup charges, support charges or other agreed service charges.

Unless otherwise agreed in writing, invoices are payable in accordance with Acton BV’s standard payment terms.

We may suspend or restrict access to CreateSend where invoices remain unpaid after reasonable notice.

Third-party platform, subscriber, usage or service charges may change from time to time. We will provide reasonable notice of any material pricing changes affecting your service.

14. Data Protection

Both parties shall comply with applicable data protection laws.

Where we process personal data on your behalf in connection with CreateSend, our CreateSend Data Processing Agreement shall apply.

You are the Controller of subscriber data and campaign data uploaded to or processed through CreateSend.

Acton BV acts as Processor for subscriber and campaign data processed on your behalf.

Acton BV may also process certain business, billing, account administration and support information as an independent Controller, as described in our Privacy Policy.

15. Sub-Processors

You authorise us to use trusted third-party providers and sub-processors where necessary to provide, host, secure, support, maintain and improve CreateSend.

These third-party providers may include email marketing platform providers, hosting providers, infrastructure providers, analytics providers, support providers, security providers and business administration providers.

Details of relevant sub-processors are made available to clients through our Data Processing Agreement or on request.

We may rely on third-party provider trust, security, privacy, compliance and sub-processor information when demonstrating the safeguards that apply to the service.

16. International Transfers

CreateSend may involve the processing or transfer of personal data outside the European Economic Area.

Processing locations may include Ireland, the European Economic Area, the United Kingdom, the United States, Australia, the Philippines and other locations used by our authorised third-party providers and sub-processors from time to time.

Where required by applicable data protection law, international transfers shall be supported by appropriate safeguards, which may include adequacy decisions, the 2021 European Commission Standard Contractual Clauses, the UK International Data Transfer Addendum, the EU-US Data Privacy Framework where applicable, or another lawful transfer mechanism.

17. Intellectual Property

You retain ownership of your subscriber data, campaign content, branding and materials supplied to us.

We and our licensors retain ownership of CreateSend, the platform configuration, templates, tools, processes, know-how, documentation and other materials not expressly assigned to you.

You grant us permission to use your content, branding and materials as required to provide the service.

18. Acceptable Use

You must not use CreateSend in a way that:

  • breaches any law or regulation;
  • breaches data protection, privacy, electronic marketing or anti-spam rules;
  • damages or may damage the reputation of Acton BV, CreateSend, our third-party providers or other platform users;
  • interferes with the operation, security or deliverability of the service;
  • involves phishing, malware, fraud, impersonation or deception;
  • infringes intellectual property rights;
  • promotes unlawful activity;
  • results in excessive bounces, spam complaints or abuse reports.

We may suspend, restrict or terminate access where we reasonably believe your use of CreateSend creates legal, security, operational, reputational or deliverability risk.

19. Suspension and Termination

Either party may terminate the service by giving written notice in accordance with the agreed service terms or, where no specific term has been agreed, by giving 30 days’ written notice.

We may suspend or terminate the service immediately where:

  • you breach these Terms;
  • you fail to pay overdue invoices after reasonable notice;
  • you use the service unlawfully;
  • you breach anti-spam or acceptable use rules;
  • you upload sensitive data in breach of these Terms;
  • your campaigns generate unacceptable bounce, complaint or abuse levels;
  • your use creates a legal, security, reputational or operational risk;
  • an underlying third-party provider suspends or terminates services required to provide CreateSend.

On termination, you are responsible for exporting any data you wish to retain, subject to the functionality available within the service.

Deletion or return of personal data shall be handled in accordance with the Data Processing Agreement.

20. Confidentiality

Each party shall keep confidential any non-public business, technical, commercial or personal information received from the other party.

Confidential information may be disclosed where required by law, regulation, court order, competent authority or where necessary to provide the service.

This obligation continues after termination.

21. Limitation of Liability

Nothing in these Terms shall limit or exclude liability where such limitation or exclusion is not permitted by law.

Subject to the above, Acton BV shall not be liable for:

  • loss of profits;
  • loss of revenue;
  • loss of business;
  • loss of goodwill;
  • loss of anticipated savings;
  • indirect or consequential loss;
  • loss arising from your subscriber data, content, instructions, permissions, consents or campaign activity;
  • loss arising from email deliverability, spam filtering, recipient mail systems, third-party platforms or matters outside our reasonable control;
  • loss arising from unauthorised account access caused by your failure to secure credentials, users or devices.

Subject to the above, Acton BV’s total aggregate liability under or in connection with CreateSend shall be limited to the greater of:

  • the fees paid by you to Acton BV for CreateSend services in the 12 months preceding the event giving rise to the claim; or
  • €500.

You acknowledge that CreateSend is provided as a standardised, low-cost email marketing service and that the fees reflect the limitations of liability set out in these Terms.

22. Indemnity

You agree to indemnify Acton BV against losses, claims, costs, damages, regulatory complaints, penalties, expenses and liabilities arising from:

  • your unlawful use of CreateSend;
  • your subscriber data;
  • your campaign content;
  • your failure to obtain valid permissions or consents;
  • your breach of email marketing, anti-spam, privacy or data protection rules;
  • your upload or processing of sensitive data in breach of these Terms;
  • your breach of these Terms.

This indemnity does not apply to the extent that the relevant loss is caused directly by Acton BV’s own breach of these Terms or applicable law.

23. Force Majeure

We shall not be liable for delay or failure to perform our obligations where caused by events outside our reasonable control.

Such events may include internet failures, hosting failures, cyber incidents, power outages, industrial disputes, natural disasters, war, terrorism, regulatory action, supplier failure, email provider issues or third-party platform disruption.

24. Changes to These Terms

We may update these Terms from time to time.

Where changes are material, we will take reasonable steps to notify active clients.

Continued use of CreateSend after updated Terms are published or notified shall constitute acceptance of the updated Terms.

25. Governing Law

These Terms shall be governed by the laws of Ireland.

The parties submit to the exclusive jurisdiction of the Irish courts.

26. Contact

For support or queries about CreateSend, please contact:

Email: [email protected]
Website: www.createsend.ie

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