Terms of Service

Last updated: January 21, 2025

1. Introduction

Welcome to Sendivent. These Terms of Service ("Terms") govern your access to and use of Sendivent's multi-channel notification API service ("Service"), including our website, API, and related services. By accessing or using our Service, you agree to be bound by these Terms.

If you are using the Service on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms, and references to "you" in these Terms refer to both you and that organization.

2. Service Description

Sendivent provides a multi-channel notification delivery platform that enables you to send notifications via Email, SMS, and Slack. Our Service includes:

  • API endpoints for sending notifications
  • Smart user resolution and management
  • Template management with personalization
  • Delivery tracking and analytics
  • Administrative dashboard and controls

3. Account Registration and Security

To use the Service, you must create an account. You agree to:

  • Provide accurate, current, and complete information during registration
  • Maintain the security of your account credentials and API keys
  • Notify us immediately of any unauthorized access or security breach
  • Be responsible for all activities that occur under your account
  • Not share your account credentials or API keys with third parties

4. Acceptable Use

You agree to use the Service in compliance with all applicable laws and regulations. You will NOT:

  • Send spam, unsolicited messages, or bulk communications without proper consent
  • Distribute malware, viruses, or other harmful code
  • Violate any third-party rights, including privacy, publicity, or intellectual property rights
  • Send content that is illegal, fraudulent, defamatory, or abusive
  • Attempt to circumvent rate limits or other technical restrictions
  • Use the Service to harm, threaten, or harass any person
  • Interfere with or disrupt the Service or servers/networks connected to the Service
  • Use the Service for any unlawful purpose or in violation of anti-spam laws (including CAN-SPAM, GDPR, CASL)

For a complete list of prohibited activities and detailed requirements, please review our Acceptable Use Policy.

5. API Usage and Rate Limits

Your use of our API is subject to rate limits and usage quotas based on your subscription plan. You agree to:

  • Comply with all rate limits and technical restrictions
  • Implement proper error handling and retry logic
  • Not attempt to reverse engineer or circumvent our API
  • Monitor your usage to stay within plan limits

We reserve the right to temporarily or permanently restrict API access if we detect abusive patterns or violations of these Terms.

6. Content and Data

You retain all rights to the content and data you submit through the Service ("Your Content"), including notification templates, user data, and message content. By using the Service, you grant us a limited license to process, store, and transmit Your Content solely for the purpose of providing the Service.

You represent and warrant that:

  • You have all necessary rights and permissions for Your Content
  • Your Content does not violate any laws or third-party rights
  • You have obtained proper consent from recipients for communications sent via our Service
  • Your Content does not contain sensitive personal information unless properly secured

7. Data Privacy and Security

We take data privacy and security seriously. Our collection, use, and protection of your data is described in our Privacy Policy. You are responsible for ensuring your use of the Service complies with applicable data protection laws, including GDPR, CCPA, and other regional privacy regulations.

8. Intellectual Property

The Service, including all software, designs, text, graphics, logos, and other content (excluding Your Content), is owned by Sendivent and protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, or create derivative works based on our intellectual property without our express written permission.

9. Billing and Payment

Certain features of the Service require payment. By subscribing to a paid plan, you agree to:

  • Pay all fees associated with your selected plan
  • Provide accurate and current billing information
  • Authorize us to charge your payment method for recurring subscriptions
  • Pay any applicable taxes

Subscriptions automatically renew unless cancelled before the renewal date. We reserve the right to change our pricing with advance notice.

10. Free Trials

We may offer free trials for certain paid features. Free trials are subject to these Terms and may be limited in duration or functionality. We reserve the right to modify or terminate free trial offers at any time.

11. Refunds and Cancellation

You may cancel your subscription at any time through your account dashboard. Cancellations take effect at the end of your current billing period. We do not provide refunds for partial billing periods or unused services, except as required by law.

12. Service Availability

While we strive to maintain high availability, we do not guarantee uninterrupted access to the Service. We may perform maintenance, updates, or modifications that temporarily affect Service availability. We are not liable for any downtime or service interruptions.

13. Third-Party Services

Our Service integrates with third-party services (including email providers, SMS gateways, and Slack). Your use of these integrations may be subject to additional terms from those providers. We are not responsible for third-party services or their availability.

14. Termination

We may suspend or terminate your access to the Service at any time, with or without notice, if:

  • You violate these Terms or our Acceptable Use Policy
  • Your account is inactive for an extended period
  • We are required to do so by law
  • Your use poses a security or legal risk

Upon termination, your right to access the Service immediately ceases. We may delete Your Content after termination, though we will make reasonable efforts to provide you with an opportunity to export your data.

15. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT DEFECTS WILL BE CORRECTED.

16. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SENDIVENT SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR USE, WHETHER ARISING FROM CONTRACT, TORT, OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL LIABILITY FOR ANY CLAIMS RELATED TO THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM, OR $100, WHICHEVER IS GREATER.

17. Indemnification

You agree to indemnify and hold harmless Sendivent, its affiliates, and their respective officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising from:

  • Your use of the Service
  • Your violation of these Terms
  • Your violation of any rights of another party
  • Your Content

18. Changes to Terms

We may modify these Terms at any time. We will notify you of material changes by posting the updated Terms on our website and updating the "Last updated" date. Your continued use of the Service after changes become effective constitutes acceptance of the modified Terms.

19. Governing Law and Disputes

These Terms are governed by the laws of the jurisdiction where Sendivent is registered, without regard to conflict of law principles. Any disputes arising from these Terms or your use of the Service shall be resolved through binding arbitration, except where prohibited by law.

20. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

21. Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices published by us on the Service, constitute the entire agreement between you and Sendivent regarding your use of the Service.

22. Contact Information

If you have questions about these Terms or need to contact us regarding the Service, please reach out through our support channels or website.