Terms of Use
These Terms of Use (“Terms”) are an agreement between you and Austin App Solutions LLC(“Austin App Solutions LLC”, “we”, “us”, “our”) governing your use of CollegeSend — the website at collegesend.com and the “CollegeSend for Gmail” Chrome extension (together, the “Service”). By creating an account, installing the extension or otherwise using the Service you accept these Terms and our Privacy Policy. If you do not agree, do not use the Service.
1. Not affiliated with Google
CollegeSend is an independent product of Austin App Solutions LLC. It is not made, endorsed, sponsored, certified or supported by Google LLC. “For Gmail” describes only where the extension operates. Gmail, Google, Chrome and the Chrome Web Store are trademarks of Google LLC, and nothing in the Service grants you any right in them. Google is not a party to these Terms and has no responsibility for the Service. Your use of Gmail, Chrome and your Google account is subject to Google’s terms, and Google may change its products in ways that affect or prevent the Service’s operation, for which we are not responsible.
2. Eligibility; parents and guardians
You must be at least 13 years old to use the Service. If you are under 18, you may use it only with the consent of a parent or legal guardian, who accepts these Terms on your behalf and is responsible for your use. By allowing a minor to use the Service, the parent or guardian agrees to these Terms.
3. Your account
You sign in with a Google account. You are responsible for that account’s security and for everything done through the Service while signed in. Tell us promptly at support@austinappsolutions.com if you believe your account has been used without permission.
4. What the Service does
The Service helps you organise colleges, coaches, templates and rounds of outreach, and adds tools to Gmail’s compose window. The Service does not send email. Every message is composed, reviewed and sent by you in Gmail. We do not read your mailbox. We provide organising tools; the content, recipients, timing and consequences of every email are yours.
5. Your responsibilities
You agree that you will:
- send only email that you are entitled to send, that is truthful, and that complies with applicable law, including anti-spam laws such as CAN-SPAM, and with Google’s Gmail policies;
- comply with the rules of any athletic association, conference, league or school that apply to recruiting communications (for example NCAA, NAIA or NJCAA rules), and with any coach’s or institution’s request to stop contact;
- use coach and institution contact information lawfully, and only for genuine recruiting correspondence;
- enter only information that is accurate and that you have the right to share, including about other people;
- not use the Service to send bulk, unsolicited or deceptive mail, to harass anyone, or to misrepresent who you are.
You will not attempt to gain unauthorised access to the Service, interfere with its operation, reverse engineer it except where the law permits, resell it, or use it to build a competing product.
6. Your content
You own the information you put into the Service (“Your Content”). You grant Austin App Solutions LLC a licence to store, process and display Your Content solely to provide and improve the Service. You are responsible for Your Content and confirm you have the rights needed to use it as you do.
7. Our property
The Service, including its software, design and any college and coach data we supply, is owned by Austin App Solutions LLC or its licensors and is protected by intellectual-property law. We grant you a limited, non-exclusive, non-transferable, revocable licence to use the Service for your personal recruiting. All other rights are reserved.
8. Coach contact information
The Service may supply the names, titles and email addresses of college coaches and athletic staff (“Supplied Contact Information”). Supplied Contact Information is obtained exclusively from publicly available sources — principally the official athletics websites and staff directories of the institutions themselves — where the institution or the individual has published it. We do not supply any email address that has not been made public by the institution or by the individual to whom it belongs. Supplied Contact Information may be incomplete, out of date or wrong; verify it before relying on it.
Any other contact information you add to your board, including any personal or non-public email address, is Your Content. It is held in your account for your own use only; we do not add it to Supplied Contact Information or make it available to other users. You confirm that you obtained any such address lawfully and are permitted to use it for recruiting correspondence, and you are solely responsible for that use.
9. Third-party services
The Service depends on Gmail, Chrome, Google sign-in, Amazon Web Services, Stripe and the InboxSDK library. We do not control these and are not responsible for their availability, changes, terms or acts.
9a. Membership and payment
The Service has a free plan and a paid membership. Membership is billed in advance, monthly or yearly at the price shown when you join, and renews automatically at the end of each period until you cancel. Payments are processed by Stripe under its own terms; we never see or store your card number. You may cancel at any time from the membership page in Settings, and you keep member access until the end of the period you have paid for; we do not refund partial periods except where the law requires it. If a renewal payment fails we may retry it and, after a grace period, return your account to the free plan — nothing you made is deleted. We may change prices with at least thirty days’ notice by email, applying from your next renewal.
10. No recruiting outcome is promised
The Service is a tool for organising communication. We make no promise that any coach will read or reply to an email, that any email will be delivered, or that use of the Service will lead to any recruiting, admission, scholarship, roster or other outcome. We do not provide recruiting, legal, eligibility, compliance or educational advice.
11. Availability and changes
We may change, suspend or discontinue the Service or any part of it at any time, and may set limits on use. The Service may be unavailable for maintenance or for reasons outside our control, including changes to Gmail. We may suspend or terminate your access if you breach these Terms or if we discontinue the Service. You may stop using the Service at any time and ask us to delete your account.
12. Disclaimer of warranties
THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE”. TO THE FULLEST EXTENT PERMITTED BY LAW, AUSTIN APP SOLUTIONS LLC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND ANY WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE OR COMPATIBLE WITH GMAIL OR CHROME AT ANY TIME.
13. Limitation of liability
TO THE FULLEST EXTENT PERMITTED BY LAW, AUSTIN APP SOLUTIONS LLC, ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, CONTRACTORS AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF DATA, OPPORTUNITY, GOODWILL OR PROFITS, ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, EVEN IF ADVISED OF THE POSSIBILITY. OUR TOTAL LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE WILL NOT EXCEED THE GREATER OF THE AMOUNT YOU PAID US FOR THE SERVICE IN THE TWELVE MONTHS BEFORE THE CLAIM OR FIFTY US DOLLARS (US$50). SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS, SO SOME OF THESE MAY NOT APPLY TO YOU.
14. Indemnity
You will defend, indemnify and hold harmless Austin App Solutions LLC and its members, managers, officers, employees and contractors from any claims, losses, liabilities and expenses (including reasonable attorneys’ fees) arising out of Your Content, the emails you send, your breach of these Terms, or your violation of any law or of the rights of any person, including any coach, institution or athletic association.
15. Governing law and disputes
These Terms are governed by the laws of the State of Missouri, without regard to its conflict of laws rules. Any dispute arising out of or relating to these Terms or the Service will be brought exclusively in the state or federal courts located in Missouri, and you consent to their jurisdiction. Before filing a claim, you agree to contact us at support@austinappsolutions.com and attempt in good faith to resolve it informally for thirty days. To the extent permitted by law, any claim must be brought within one year after it arises, and you waive any right to participate in a class action.
16. General
These Terms and the Privacy Policy are the entire agreement between you and Austin App Solutions LLC about the Service. If any provision is found unenforceable, the rest remains in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms; we may assign them in connection with a merger, sale or reorganisation. Sections 6, 7, 8 and 12 through 16 survive termination.
17. Changes to these Terms
We may revise these Terms. We will post the revised version here with a new effective date and, for material changes, notify you in the app or by email. Continued use after a change means you accept the revised Terms.
18. Contact
Austin App Solutions LLC
support@austinappsolutions.com