Terms and Conditions of Use

Version Date: November 29, 2021.

Thanks for choosing “Sendvio". These Terms and Conditions of Use (these “Terms” also referred to as this “Agreement”) govern your use of and access to marketing technology and related services (the “Services”) provided by “Sendvio" (the Platform) to you (the "User" or "Customer"). Please read these Terms carefully before using our services. These Terms apply to the use and access to our Services.

By using any of the Services, you agree to be legally bound by these Terms and Conditions of Use as updated from time to time and agree to have read our Privacy Policy.

The terms “you,” “your”, "User", “Client” and “Customer” will refer to you. If you are using our Services on behalf of an organization it means that you accept these conditions on behalf of that organization. If you do not accept these Terms and Conditions of Use you must stop using the Services immediately.

In our Privacy Policy, we explain how we collect data provided by your website and your responsibilities when using our Services.

Sendvio (the "Platform") is a marketing automation platform offered through the URL www.sendvio.com and all Sendvio.com subdomains (the "Website") and such other sites as may be designated by Sendvio that provide resources and services to create, send, and manage marketing campaigns; grow your email and SMS subscriber lists, and other services in connection with which you can enhance your website (the “Services”).

"Sendvio" is only a conduit for the transmission of information sent by the Customer and performs tasks in accordance with configurations created by the Customer. Therefore, "Sendvio" neither initiates the transmission of information, selects the receivers, nor selects or modifies the information contained in the transmission.

You may use our Services only as permitted by law, including applicable anti-spam laws, privacy laws, and regulations. We may suspend or stop providing our Services to you if you do not comply with our Terms and Conditions of Use or if we are investigating suspected misconduct.

Sendvio reserves the right, at any time to modify or update any of the Terms and Conditions of Use, said modification or update being effective upon its posting on the Website.

All access to and use of the Services available through the Platform are subject to these Terms and Conditions of Use.

1. Access and Use of this platform and our services.

1.1 Minimum Age and Ability to Bind

The Services offered on this Platform are available only to persons or organizations that can form legally binding contracts under applicable law. Persons under the age of 18 are not allowed to use the Services offered on this Platform.

1.2 Account information.

You agree to provide true, accurate, current, and complete information about yourself and your organization, and agree to update such information if it changes.

1.3 Account access.

You are responsible to protect access to the dashboard of your online store, website, or any platform you are using to access our Services, as well as passwords to access the dashboard of this Platform.

1.4 Equipment and connectivity

You are responsible for obtaining, maintaining, pay all charges, taxes, and other costs and fees related to equipment, hardware, software, internet access, or any other third-party service required to access and use the Services offered on this Platform.

1.5 Use of the platform.

When you install and configure our Services, you are responsible for the validity, performance, and operation of discount codes, text, images, and any content sent or shown to your contacts through the Services offered on this Platform.

It is not allowed to send or show spam, sexual, racist, hateful, abusive, libelous, obscene, or discriminatory content, images or words that incite violence, malicious software, or any type of message that can annoy the person receiving your message.

Sendvio is not responsible for the content that people post and share through this Platform. It is your responsibility to avoid using material that would violate the rights of the author, intellectual property, and privacy rights.

In consideration of the foregoing, you are solely responsible for any content sent to your contacts through this Platform.

You may only use data from subscribers who have accepted receiving email campaigns from you or your business. Otherwise, email marketing automation is not allowed.

Similarly, for SMS automation, you may only use data from subscribers who have accepted receiving SMS campaigns from you or your business. Otherwise, SMS automation is not allowed.

Without limiting the foregoing, when you use the Services offered on this Platform, you agree that you are the sole or designated responsible for collecting all personal data following the applicable data protection laws and regulations, as well as the necessary consents for conducting direct marketing or other data processing activities.

"Sendvio" may suspend accounts or deactivate Services if we determine that you are sending spam, unsolicited messages, or using the Service in any unlawful manner.

1.6 Requirements and Data providing.

By using this Platform you grant us permission to access and store your files to perform tasks that you configure, receive notifications via email at the email address associated with your account, and send email and SMS campaigns that you configure on behalf of your company or organization.

Our Platform requires the data provided by you or the third-party platform where you have installed our Service in order to perform the tasks that you configure.

Some external service providers modify the functions of your website without complying with the regulations established by the platform where you built your website. You are responsible to use and install only apps or external services in compliance with the regulations established by the platform where you built your online store without modifying the data collection or provision of data to our platform.

Without limiting the foregoing, "Sendvio" is not responsible for malfunctions caused by alterations to the original operation of the service offered by the platform on which you have built your website.

1.7 Sender email address.

When you use the "Sendvio" email marketing automation services, you will be assigned a default sender email address to allow you to send emails through our Platform. This email address should be considered temporary and has sending limit restrictions.

If you want to send email campaigns from a custom email address, domain verification is required to confirm ownership of the domain you want to use to send emails through this Platform. Public domains or free accounts are not allowed.

You must comply with the domain Authentication process in order to send emails using a custom email address or increase the limit of emails included in your plan. This will provide the security mechanism Sender Policy Framework (SPF) and DomainKeys Identified Mail (DKIM). For any doubts related to your DNS configuration, you need to contact the support team of your DNS provider.

1.8 Notices and Notifications.

We will send notifications related to the use of our Service to the email address you have provided to us. It's your responsibility to provide true, accurate, current, and complete information.

Any notice from you will only become effective through the email address [email protected] and communication channels provided on the Platform.

Packages may be delivered to us to our postal address: 5256 S. Mission Road, Suite 703-5034, Bonsall, CA 92003.

1.9 Cookies

“Sendvio” can store information on the user's computer. This information will be in the form of a cookie or similar file.

Cookies are data that do not contain any personal information and are sent to the server through the hard disk of the user. The function of cookies is to identify users in a faster way for every connection, and facilitate participation on the accessed website.

It is your responsibility to include Terms of Service and Privacy Policies related to the use of cookies from this Platform.

Your responsibilities and obligations.

2.1 Compliance with Law.

By using this platform, you agree that you are the solely designated "Sender" responsible for ensuring to comply with all applicable laws, rules, and regulations of the countries your recipients live in for any email or SMS message sent by you using the Services offered through this Platform.

Without limiting the foregoing, you may not, and may not permit any third party to use the Sendvio Platform or Services in violation of the Telephone Consumer Protection Act and all implementing rules, orders, and regulations of the Federal Communications Commission, including without limitation, the Telemarketing and Consumer Fraud and Abuse Prevention Act, the Do-Not-Call Implementation Act, the CTIA Messaging Principles and Best Practices Guidelines, and the CTIA Short Code Monitoring Handbook, the Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003 (CAN-SPAM Act), the Children’s Online Privacy Protection Act (“COPPA”), the Federal Trade Commission Act, the California Consumer Privacy Act (“CCPA”), and any other state privacy, data security and breach notification laws, state consumer protection laws, the European Union’s General Data Protection Regulation 2016/679 (GDPR) and Privacy and Electronic Communications Directive 2002/58/EC (the “ePrivacy Directive”), the United Kingdom’s Data Protection Act 2018 (together with the GDPR, the ePrivacy Directive and any national legislation implementing either, “European Data Protection Law”), Canada’s Personal Information Protection and Electronic Documents Act, Canada’s Anti-Spam Legislation (CASL), and any other applicable legislation and/or regulation implementing or made pursuant to, or which amends, replaces, re-enacts or consolidates, any of the foregoing, including, without limitation, such rules and guidelines issued by the Mobile Marketing Association and telecommunications providers.

2.2 Update of your Terms of service.

You acknowledge that the Services are provided by Sendvio to you on a business-to-business basis and that Sendvio does not have a direct relationship with any End-User or customer of your business as a result of providing the Services offered through this Platform. In addition to, and without limitation to, Sendvio makes no representation or warranty regarding the End-User Terms, and you expressly agree that Sendvio is not providing legal advice, and no attorney-client relationship is created by the use of the End-User Terms.

Without limiting the foregoing, by using our Services you represent and warrant that you accept full legal responsibility for the End-User Terms and have been advised to obtain independent legal counsel before implementing or modifying the End-User Terms.

It is your responsibility to include Terms of Service and Privacy Policies related to the use of this Platform.

3. Fees and Payment Terms.

3.1 Payment agreement.

By creating a subscription, you acknowledge and agree to pay all subscription fees and all applicable taxes and other charges for the subscription term and each renewal from the start date or, as of when you start using the Services.

If you access our Services from the App Store of a third-party platform, subscriptions may be required by the third-party platform and are added to the subscription you have on the third-party platform where you have installed our Services, being regulated by their policies, terms of service, and the billing cycle of the subscription you have on the third-party platform.

Additionally, we will charge you, and you will pay any and all additional costs, fines, or penalties we incur from a governmental or regulatory body or telecommunications provider as a result of your use of the Services.

In consideration of the foregoing, "Sendvio" may suspend the provision of the Services with immediate effect if you fail to comply with any applicable payment obligations.

3.1 Currency.

The currency of this Agreement shall be defined in the subscription process (USD). If any payments are being made in a different currency other than USD, the payment shall be calculated according to the official exchange rate stated on the day when such payment is made.

3.3 Monthly service charge.

Through the Platform, you have access to a variety of Services for which monthly subscriptions are required.

By installing the Abandonment Protector app, you agree to a monthly fee of $11 USD for the Service that includes sending up to 3,000 emails per month. After 3,000 emails, $1.50 USD per each 1,000 additional emails. For SMS sending, you agree to pay fees following the then-current applicable rates available at https://ap.sendvio.com/pricing. Once the limit established in your plan is reached, email or SMS sending will be stopped until the first day of the next month following world time.

By installing Upsellkit App, you agree to a monthly fee of $8 USD for the Service that includes up to 2,000 views per month. After 2,000 views, $1.50 USD per each 500 additional views. Once the limit of views included in the plan is reached, the feature will be stopped until the first day of the next month following world time.

3.4 Increasing or decreasing your monthly plan.

It is your responsibility to create a plan with a monthly fee, limits, and services in accordance with your needs.

If you have any questions about your monthly plan, you can send a message to [email protected]

3.5 Fees.

By creating a subscription to use the Services offered on this Platform, you agree to pay the fees as set forth on the website’s pricing page. You further agree that you accept full legal responsibility to pay any applicable taxes, including any related interest and/or penalties, and other government duties, as well as any other costs, such as transaction costs or bank transfer fees.

3.6 Free trial period.

The free trial period is 30 days starting from the time of the first installation. If you uninstall the app, the trial period will be canceled and it will not be granted again.

3.7 Cancellation and Termination of the Service.

You are free to cancel the Sendvio subscription at any time through the Sendvio Platform or by removing your payment information from the Platform. You will continue to have access to the Services until the end of the subscription period that has already been paid for.

If you access our Services from the App Store of a third-party platform, you are free to cancel the "Sendvio" subscription at any time by removing our Services from the third-party platform. Please refer to the third-party platform support service regarding any doubts about billing and subscription periods handled by the third-party platform.

If you breach or "Sendvio" suspects breaching of this Agreement, "Sendvio", at its sole discretion, without previous notice to you may terminate this Agreement and/or cancel the Service at any time for a cause described on written notice.

By canceling your account we will remove all your subscriber lists. We will keep a record of the messages sent by you through our Platform for legal matters.

4. Liability for our Services.

4.1 Payment agreement.

Sendvio will not be responsible for lost profits, revenues, data, or any financial losses derived from the strategy that you decide to configure through our Platform.

Some features of the Service works automatically following the strategies and conditions that you configure before you enable them. It is your responsibility to validate and test your configurations before enabling any feature of this Platform.

Therefore, we are not responsible for the strategies that you configure through this Platform.

5. Indemnification.

5.1 Indemnification by Customer.

You agree to indemnify, hold harmless, and defend Sendvio and their respective owners, and any of its officers, directors, employees, or representatives against any and all losses, expenses, costs, liabilities, claims, causes of action, demands, damages of any kind, including all judgments, settlements, interest, penalties, fines, attorneys’ fees, experts’ fees, and other reasonable costs incurred as a result of, or related to any third-party claim resulting from the breach of your representations and warranties contained herein, the use of the Platform or the Services in violation of this Agreement, or your use of the Service in any unlawful manner, regardless of any negligence on the part of Sendvio.

5.2 Exclusion of Liability.

Sendvio shall in no way or manner be responsible or liable to Customer or end-users for faults, errors, or delays in the delivery, transmission, re-transmission or reception of, or parts thereof, resulting from third-party platforms, telecom carriers, and other telecom service providers which are deemed necessary for the operation of the Services.

If you have any questions about our Terms and Conditions of Use, you can send a message to [email protected]

If you don't agree with these Terms and Conditions of Use, you must cancel your account and stop using this Platform and the Services immediately.