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Email anti-spam policy

Effective September 7, 2026 · Last updated September 7, 2026

This Policy applies to all email (transactional and marketing) sent through the Service. Email delivery is powered by Resend; Customer must also comply with the Resend Acceptable Use Policy (resend.com/legal/acceptable-use).

2. CAN-SPAM compliance baseline (15 U.S.C. § 7701 et seq.)

For any "commercial electronic mail message" (as defined in CAN-SPAM), Customer must:

2.1 Accurate headers. "From," "To," "Reply-To," and routing information must accurately identify the sender.

2.2 Truthful subject lines. Subject lines must not be deceptive or misleading.

2.3 Identification as advertisement. Marketing email must be clearly and conspicuously identified as a solicitation or advertisement (except where the recipient has affirmatively consented).

2.4 Valid physical postal address. Every commercial email must include the sender's valid physical postal address, which can be "your current street address, a post office box you've registered with the U.S. Postal Service, or a private mailbox you've registered with a commercial mail receiving agency established under Postal Service regulations" (FTC CAN-SPAM Compliance Guide).

2.5 Clear and conspicuous opt-out. Every commercial email must include a clear and conspicuous mechanism for recipients to opt-out of future commercial email.

2.6 Honor opt-outs within 10 business days. Customer must honor a recipient's opt-out within ten (10) business days (FTC CAN-SPAM Compliance Guide). The opt-out mechanism must remain functional for at least 30 days after the email was sent.

2.7 No fee or burden for opt-out. Customer may not charge a fee, require personally identifying information beyond the email address, or require any step other than sending a reply or visiting a single web page.

2.8 No transfer of opt-out lists. Customer may not sell or transfer email addresses of recipients who have opted out, except to a compliance vendor.

3.1 Although CAN-SPAM technically permits an opt-out regime, Resend's Acceptable Use Policy requires opt-in: "All mail should be sent to recipients who gave you approval (opt-in) to send to them." Customer must obtain affirmative opt-in consent before sending marketing email through the Service.

3.2 If Customer must send to unsolicited recipients (limited cases), Customer must additionally include valid identification, disclose why they are contacting the recipient, "[p]rovide a frictionless way to opt-out (unsubscribe) and honor their wish within 7 days" (Resend AUP), provide value, prefer organizational addresses over personal, and comply with all applicable laws.

Customer will not send email to addresses obtained from: purchased lists; rented lists; scraped, harvested, or appended addresses; or any "guessed" or generated addresses.

5.1 Customers using ScaleAxis's shared sending domain rely on ScaleAxis's SPF, DKIM, and DMARC configuration.

5.2 Customers on higher tiers that bring their own sending domain ("BYO Domain") must configure SPF, DKIM (CNAME records from Resend), and DMARC records as instructed by the Service. Senders to Gmail and Yahoo personal mailboxes are subject to the Feb. 1, 2024 sender requirements: enforced SPF + DKIM (and DMARC at p=none or stricter for senders of 5,000+ messages/day), one-click List-Unsubscribe, and spam-rate maintenance below 0.3% per Postmaster Tools. Microsoft consumer-mailbox bulk sender requirements (effective May 5, 2025) apply analogously.

6.1 ScaleAxis maintains an account-level suppression list. Once a recipient opts out, Customer may not re-mail that address from the Service.

6.2 Customer must not attempt to send to addresses that have hard-bounced or that have generated repeated soft bounces.

6.3 ScaleAxis may automatically suspend sending if Customer's account exceeds the following rolling thresholds:

  • Hard bounce rate > 5%;
  • Spam complaint rate > 0.1% to Gmail (or any other ESP-defined threshold);
  • Cumulative complaint rate that materially threatens the deliverability of Resend's or ScaleAxis's shared infrastructure.

Every commercial email must include: (a) Customer's business name and valid postal address; (b) an unsubscribe link; (c) a brief description of the basis on which the recipient is receiving the email (e.g., "You are receiving this because you signed up for X").

8.1 "Transactional" emails (e.g., receipts, password resets, account/legal notices) are not subject to the marketing-specific disclosures of CAN-SPAM (i.e., the ad-identification requirement does not apply), but must still have accurate headers and truthful subject lines.

8.2 Mixed emails (transactional + marketing) are treated as marketing if the "primary purpose" is marketing under the FTC's primary-purpose framework (16 C.F.R. § 316.3).

Customer must comply with applicable state laws, including: California Business & Professions Code §§ 17529 et seq.; Maryland Commercial Electronic Mail Act; Washington Commercial Electronic Mail Act; Utah Anti-Spam Act; and analogous statutes. These often impose stricter requirements than CAN-SPAM (and CAN-SPAM does not fully preempt them for falsity / deception causes of action).

Customer indemnifies ScaleAxis for any CAN-SPAM, state anti-spam, ESP-policy, or carrier/ISP claim arising from Customer's email practices.