DispatchTerms of Service
These Terms are a binding agreement between you and Angelica Castro Tiburcio, an individual ("we", "us") covering your use of the Dispatch Figma plugin and its related services ("Dispatch").
1. Accepting these Terms
By installing, opening or using Dispatch, you agree to these Terms and to our Privacy Policy. If you use Dispatch for a company or client, you confirm you are authorized to bind them, and "you" includes them. If you do not agree, do not use Dispatch.
2. Eligibility
You must be at least 18 and able to form a binding contract. Dispatch is a business tool and is not intended for personal, family or household use.
3. What Dispatch does
Dispatch turns Figma designs into email content and sends it to your Klaviyo account as images, templates and campaigns. Features include image slicing, AI-generated alt text, campaign scheduling, and shared email settings such as footers, background colors and widths.
We may add, change or remove features at any time. We do not promise that any feature will remain available.
4. Accounts, trials and licenses
- Your Dispatch account is tied to your Figma account. You are responsible for all activity on it and on every device where you install the plugin.
- New users receive a free trial. When it ends, continued use requires a paid license.
- Licenses are sold and processed by a third-party payment provider, which may act as merchant of record under its own terms. Each license covers the number of seats stated at purchase. You may not share, resell or transfer a license beyond those seats.
- All fees are final and non-refundable, including for partial periods and unused seats, except where the law requires otherwise. Use the free trial to decide whether Dispatch fits your needs before you buy.
- We may change prices on notice. Changes do not affect a period you have already paid for.
5. Third-party services
Dispatch works with Figma, Klaviyo and other services we do not control. Your use of them is governed by their terms. By connecting Klaviyo, you authorize Dispatch to read your account, lists and segments, and to create images, templates and campaigns on your behalf.
We are not responsible for third-party outages, API changes, rate limits, policy changes or anything a third party does with your data. If a third party changes or withdraws its API, we may have to change or discontinue features without liability.
6. Your content
You keep ownership of your designs, images, copy and other material you process through Dispatch ("Your Content"). You give us a worldwide, non-exclusive, royalty-free license to host, copy, process, transform and transmit Your Content only as needed to run Dispatch for you. That includes sending it to Klaviyo and our AI provider.
You confirm that you own or have the rights to Your Content, and that using it through Dispatch does not infringe anyone's rights or break any law.
7. You are responsible for what you send
Dispatch prepares email content. It does not decide what you send, to whom, or when. You are solely responsible for:
- Reviewing every template and campaign before it is sent, including layout, links, images and alt text.
- Getting valid consent from recipients and honoring unsubscribes.
- Complying with email and privacy laws, including CAN-SPAM, CASL, GDPR, the UK PECR and state privacy laws.
- Following Klaviyo's acceptable use and anti-spam policies.
- Accurate sender information and any required footer, physical address and unsubscribe link.
8. AI-generated output
Dispatch can generate alt text using a third-party AI model. AI output can be inaccurate, incomplete or inappropriate. It is a suggestion only: you must review and edit it before use. We make no promise about its accuracy or its fitness for accessibility compliance, and you are responsible for any output you choose to publish.
9. Acceptable use
You will not use Dispatch to:
- Send spam, phishing or deceptive messages, or email people who have not consented.
- Create or distribute illegal, infringing, defamatory, harassing, hateful or sexually explicit content, or content that exploits minors.
- Promote illegal goods or services, or impersonate any person or brand.
- Upload malware, or probe, scan, overload or interfere with Dispatch or its infrastructure.
- Reverse engineer, decompile, copy or resell Dispatch, or build a competing product from it, except where the law expressly allows.
- Get around license checks, seat limits, trial limits or rate limits.
- Access another person's Klaviyo or Figma account without authorization.
We may investigate suspected violations, remove content, and suspend or terminate access without notice.
10. Our intellectual property
Dispatch, including its software, design, name and logos, belongs to us and our licensors. We grant you a limited, revocable, non-exclusive, non-transferable license to use Dispatch under these Terms. We reserve all rights not expressly granted. If you send feedback, we may use it freely without any obligation to you.
11. Disclaimer of warranties
DISPATCH IS PROVIDED "AS IS" AND "AS AVAILABLE". TO THE FULLEST EXTENT THE LAW ALLOWS, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
We do not warrant that Dispatch will be uninterrupted, secure or error-free. We do not warrant that exported emails will render correctly in every email client, or that AI output will be accurate. We do not warrant that any campaign will be delivered, opened, or achieve any business result.
12. Limitation of liability
TO THE FULLEST EXTENT THE LAW ALLOWS:
- WE ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, SALES, DATA, GOODWILL OR BUSINESS OPPORTUNITY, EVEN IF WE WERE TOLD THEY WERE POSSIBLE.
- THIS INCLUDES LOSSES FROM EMAILS SENT WITH ERRORS, WRONG PRICES OR OFFERS, BROKEN LINKS OR IMAGES, MISSED SENDS, SENDS TO THE WRONG AUDIENCE, DELIVERABILITY PROBLEMS, OR ACTIONS TAKEN BY KLAVIYO, FIGMA OR ANY REGULATOR AGAINST YOUR ACCOUNT.
- OUR TOTAL LIABILITY FOR ALL CLAIMS RELATED TO DISPATCH IS LIMITED TO THE GREATER OF THE AMOUNT YOU PAID US IN THE 12 MONTHS BEFORE THE CLAIM AROSE, OR US $50.
These limits apply to every theory of liability, including contract, tort, negligence and strict liability. They apply even if a remedy fails of its essential purpose. Some jurisdictions do not allow certain exclusions; there, our liability is limited as far as the law permits.
13. Indemnification
You will defend, indemnify and hold harmless Angelica Castro Tiburcio and any contractors working on Dispatch from any claims, damages, losses, fines, penalties and costs, including reasonable legal fees, arising from:
- Your Content, or any email you create or send with Dispatch.
- Your breach of these Terms or of any law, including email, privacy and consumer-protection laws.
- Your violation of any third party's rights or terms, including Klaviyo's and Figma's.
14. Suspension and termination
You may stop using Dispatch at any time and disconnect it from Klaviyo. We may suspend or end your access at any time, with or without notice, if you breach these Terms, if required by law or a third-party provider, or if we discontinue Dispatch. Accounts inactive for 180 days are deleted automatically, as the Privacy Policy describes.
Sections 6 through 13 and 15 through 17 survive termination.
15. Governing law and disputes
These Terms are governed by the laws of the State of Tamaulipas and the applicable federal laws of the United Mexican States, without regard to conflict-of-law rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
Before filing any claim, you agree to contact us at support@trydispatch.biz and try to resolve it informally for 30 days. Any unresolved dispute will be settled by binding individual arbitration administered by the Centro de Arbitraje de México (CAM) under its Arbitration Rules, before a single arbitrator. The seat of arbitration is Tamaulipas, Mexico; the language is English; hearings may be held by video. Either party may ask the courts of Tamaulipas for urgent interim relief. For any matter not subject to arbitration, you agree to the exclusive jurisdiction of the competent courts of Tamaulipas, Mexico, and waive any other jurisdiction that may apply because of your present or future domicile or any other reason.
YOU AND WE WAIVE ANY RIGHT TO A JURY TRIAL AND TO BRING OR JOIN ANY CLASS, COLLECTIVE OR REPRESENTATIVE ACTION.
You may opt out of arbitration by emailing support@trydispatch.biz within 30 days of first accepting these Terms.
Any claim must be brought within one year after it arises, or it is permanently barred.
16. Changes to these Terms
We may update these Terms. We will post the new version with a new effective date and, for material changes, give notice in the plugin or by email. Continuing to use Dispatch after the effective date means you accept the changes.
17. General
These Terms and the Privacy Policy are the entire agreement between you and us about Dispatch. If any provision is unenforceable, the rest remain in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our consent; we may assign them in a merger, acquisition or sale of assets. Neither party is liable for delays caused by events beyond its reasonable control.