Terms of Service

1. Acceptable Use

By using Sendara's Services, you agree to the following standards of use:

1.1 Prohibited Content

You must not transmit, distribute, or otherwise disseminate content that is defamatory, abusive, threatening, obscene, discriminatory, unlawful, or otherwise harmful through the Services.

1.2 Prohibited Activities

You agree not to:

• Use the Services to send unsolicited messages, spam, or communications that violate applicable laws including CAN-SPAM, TCPA, or equivalent regulations
• Attempt to gain unauthorized access to Sendara's systems, infrastructure, or other users' accounts
• Reverse engineer, decompile, or extract source code from any part of the Services
• Create multiple accounts to circumvent usage limits or restrictions
• Use the Services in any way that disrupts, overburdens, or impairs the platform or other users' access to it
• Misrepresent your identity, affiliation, or the origin of messages sent through the Services
• Use the Services for any illegal, fraudulent, or deceptive purpose

1.3 Compliance with Laws

You are solely responsible for ensuring that your use of the Services complies with all applicable laws and regulations, including data protection laws, consumer protection laws, and laws governing electronic communications in your jurisdiction and those of your recipients.

Sendara reserves the right to suspend or terminate access immediately and without notice if we have reason to believe a violation has occurred or is ongoing.

2. Consent and Messaging Compliance

2.1 Opt-In Requirements

You must obtain explicit, documented consent ("opt-in") from each recipient before sending them messages through the Services. Sendara does not monitor the content of messages sent through the platform and assumes that all Customers are in full compliance with applicable consent requirements.

2.2 Opt-Out Handling

You must promptly honor all opt-out or unsubscribe requests from recipients. Continuing to send messages to individuals who have opted out is a material breach of these Terms and may violate applicable law.

2.3 Customer Indemnification for Non-Compliance

If any claim, penalty, or legal action arises from your failure to obtain proper consent or honor opt-out requests, you agree to indemnify, defend, and hold harmless Sendara from all resulting costs, damages, and liabilities. Sendara reserves the right to suspend or terminate your account if your usage exposes Sendara to legal or regulatory risk.

3. Fees and Payment

3.1 Fees

All fees for the Services are as described on our pricing page or as otherwise agreed in writing. Fees are due in advance and are non-refundable unless otherwise stated. All payments must be made in United States dollars.

3.2 Setup Fee

A one-time setup fee applies to new accounts as indicated at the time of purchase. This fee covers account provisioning, line setup, and onboarding assistance and is non-refundable.

3.3 Additional Lines

Additional lines may be added to your account at the applicable per-line monthly rate. All lines are billed monthly in advance.

3.4 Taxes

You are responsible for all applicable taxes, levies, and duties associated with your purchase of Services, excluding taxes based on Sendara's net income.

3.5 Credit Card Fees

Payments made by credit card may be subject to a processing fee as disclosed at checkout.

3.6 Number Porting

Port-out requests will be processed while your subscription is active. Once a subscription is cancelled or expired, the associated number may be returned to the upstream carrier and cannot be ported out. A port-out fee may apply.

4. Intellectual Property

4.1 Sendara's Intellectual Property

Sendara retains all rights, title, and interest in and to the Services, including all software, APIs, documentation, trademarks, and underlying technology. Nothing in these Terms grants you any ownership of or license to Sendara's intellectual property beyond the limited right to use the Services as described herein.

4.2 Your Content

You retain ownership of any data, content, or materials you submit to the Services ("Customer Data"). You grant Sendara a limited, non-exclusive license to process and store Customer Data solely to provide the Services to you. You represent and warrant that you have all necessary rights to submit Customer Data and that doing so does not infringe any third party's rights.

4.3 Feedback

If you provide feedback, suggestions, or feature requests regarding the Services, you grant Sendara an irrevocable, perpetual, royalty-free license to use and incorporate that feedback into its products and services without obligation to you.

4.4 Usage of Your Name

You authorize Sendara to reference your business name as a customer on our website and in marketing materials, unless you notify us in writing that you wish to opt out of such use.

5. Confidentiality

Each party may have access to information that is confidential to the other party ("Confidential Information"). Each party agrees to:

• Use Confidential Information only for the purposes contemplated by this Agreement
• Protect Confidential Information with at least the same care used to protect its own confidential information, and in no case less than reasonable care
• Not disclose Confidential Information to any third party without prior written consent, except as required by law

If you are required by law to disclose any of Sendara's Confidential Information, you must provide Sendara with reasonable prior notice so we may seek a protective order or other appropriate remedy.

6. Data Privacy and Security

6.1 Data Protection

You are responsible for ensuring that your use of the Services complies with all applicable data protection and privacy laws, including those governing the collection, processing, and storage of personal data. You must implement appropriate technical and organizational measures to protect data processed through the Services.

6.2 Communication Privacy

Sendara cannot guarantee the privacy or security of communications transmitted through the Services. Sendara disclaims liability for any privacy or security breaches that arise from factors outside of our reasonable control.

6.3 Protected Health Information

You agree not to use the Services to create, receive, maintain, or transmit Protected Health Information ("PHI") as defined under HIPAA unless a valid Business Associate Agreement ("BAA") has been executed between you and Sendara. Use of the Services involving PHI without a BAA is strictly prohibited.

7. Disclaimers

THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SENDARA DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

Sendara does not warrant that the Services will be uninterrupted, error-free, or free from loss, corruption, or security failures. Sendara is not responsible for delays, failures, or inaccuracies in message delivery caused by third-party carriers, Apple's iMessage infrastructure, or factors outside Sendara's control.

8. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, SENDARA, ITS AFFILIATES, OFFICERS, EMPLOYEES, AND SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF REVENUE, LOSS OF DATA, OR LOSS OF GOODWILL, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES.

SENDARA'S TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING UNDER OR RELATED TO THIS AGREEMENT SHALL NOT EXCEED THE TOTAL FEES PAID BY YOU TO SENDARA IN THE SIX (6) MONTHS PRECEDING THE CLAIM.

SENDARA IS NOT LIABLE FOR ANY VIOLATION OF APPLICABLE LAW BY YOU IN YOUR USE OF THE SERVICES, INCLUDING VIOLATIONS OF DATA PRIVACY LAWS, MESSAGING REGULATIONS, OR CONSENT REQUIREMENTS.

9. Indemnification

You agree to defend, indemnify, and hold harmless Sendara and its affiliates, officers, directors, employees, and agents from and against any claims, damages, liabilities, costs, and expenses (including reasonable attorney's fees) arising from:

• Your use of or access to the Services
• Your violation of these Terms
• Your violation of any third party's rights, including intellectual property or privacy rights
• Any content you transmit through the Services
• Your failure to comply with applicable laws, including messaging consent requirements

10. Term and Termination

10.1 Term

This Agreement commences when you first access or use the Services and continues on a month-to-month basis unless otherwise agreed in writing.

10.2 Termination by You

You may cancel your subscription at any time. Cancellation takes effect at the end of your current billing period. No refunds are issued for unused portions of a billing period.

10.3 Termination by Sendara

Sendara may suspend or terminate your access to the Services immediately and without notice if you breach these Terms, engage in conduct that exposes Sendara to legal or reputational risk, or fail to make required payments.

10.4 Effect of Termination

Upon termination, your right to access and use the Services ceases immediately. Sendara may delete your data in accordance with its data retention policies. Sections 4, 5, 7, 8, 9, and 13 survive termination of this Agreement.

11. Relationship of the Parties

Nothing in these Terms creates a partnership, joint venture, employment relationship, or agency between Sendara and you. Each party is an independent contractor. Neither party has authority to bind the other to any agreement or obligation.

12. Modifications to Terms

Sendara reserves the right to modify these Terms at any time. We will provide notice of material changes by posting updated Terms on our website with a revised effective date or by emailing you at the address associated with your account. Continued use of the Services after the effective date of any changes constitutes your acceptance of the updated Terms.

13. Dispute Resolution and Arbitration

13.1 Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law principles.

13.2 Mandatory Arbitration

ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICES SHALL BE RESOLVED EXCLUSIVELY BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS. YOU WAIVE YOUR RIGHT TO A JURY TRIAL AND YOUR RIGHT TO PARTICIPATE IN CLASS ACTIONS OR CLASS ARBITRATIONS.

Arbitration shall be conducted in accordance with the rules of the American Arbitration Association (AAA) and shall take place in Delaware or at a mutually agreed location. An arbitration award may be confirmed and enforced in any court of competent jurisdiction.

13.3 Exceptions

Nothing in this Section prevents either party from seeking injunctive or other equitable relief from a court of competent jurisdiction to prevent irreparable harm.

14. General Provisions

14.1 Entire Agreement

These Terms, together with any Order Forms or written agreements referencing them, constitute the entire agreement between the parties regarding the Services and supersede all prior agreements and understandings.

14.2 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

14.3 Waiver

Failure by either party to enforce any right or provision of these Terms does not constitute a waiver of that right or provision.

14.4 Assignment

You may not assign or transfer your rights or obligations under these Terms without Sendara's prior written consent. Sendara may assign its rights and obligations freely. Any purported assignment in violation of this section is void.

14.5 Notices

Notices from Sendara to you will be delivered via email to the address associated with your account or by posting on our website. Notices from you to Sendara should be sent to: deepak@sendara.io

14.6 Attorney's Fees

In any legal action arising from this Agreement, the substantially prevailing party is entitled to recover its reasonable attorney's fees and costs.