Sendvio Anti-Spam & Messaging Policy

Last updated: September 22, 2025

This Anti-Spam & Messaging Policy ("Policy") forms part of Sendvio's Terms and Conditions of Service, Privacy Notice, Data Processing Agreement (DPA), and Acceptable Use Policy (AUP). By installing, accessing, or using Sendvio's services ("Services"), you agree to comply with this Policy.

Violations may result in suspension, restriction, or termination of Services without liability to Sendvio, as well as reporting to regulators, carriers, or law enforcement.

1. Purpose

Sendvio is committed to maintaining the highest standards of email, SMS, WhatsApp, and AI-powered messaging. This Policy:

• Ensures compliance with international anti-spam and communications laws.
• Protects the rights of recipients worldwide.
• Protects Sendvio's infrastructure, reputation, and deliverability.
• Places full compliance responsibility on the Customer.

2. Applicable Laws

You must comply with all applicable laws and regulations governing electronic communications in every jurisdiction in which you send messages, including but not limited to:

• United States: CAN-SPAM Act, TCPA, FCC rules, state-level privacy and marketing laws.
• Canada: Canada's Anti-Spam Legislation (CASL).
• European Union / EEA: GDPR, ePrivacy Directive, PECR (UK), national implementations.
• Brazil: LGPD.
• United Kingdom: UK GDPR, Data Protection Act 2018, PECR.
• Australia: Spam Act 2003, Privacy Act 1988.
• Other Jurisdictions: Singapore PDPA, Hong Kong PDPO, South Africa POPIA, and any local anti-spam or telemarketing law.

You are solely responsible for knowing and applying the rules of each jurisdiction where your recipients are located.

3. Consent & Proof of Permission

Opt-in Required: You must obtain valid, prior, express, and informed consent from each recipient before sending marketing communications, unless an applicable law allows otherwise (e.g., soft opt-in under PECR).

Recordkeeping: You must maintain verifiable records of consent, including date, method, and scope of consent, and provide such records to Sendvio upon request.

Prohibited Practices:

• Use of purchased, rented, borrowed, or scraped contact lists.
• Automatic opt-ins without affirmative action (e.g., pre-ticked boxes).
• Sending to individuals who have opted out or withdrawn consent.

4. Identification & Transparency

Every message sent through the Services must:

• Clearly identify you (the sender) and your valid physical contact information.
• Avoid deceptive subject lines, headers, or false sender information.
• Indicate if the message is an advertisement, where legally required.

5. Opt-Out / Unsubscribe

Mandatory Opt-Out: All marketing messages must include a clear, functional, and free opt-out mechanism.

Timely Processing: Opt-out requests must be honored without undue delay, and in any case:

• Within 10 business days under CAN-SPAM.
• Within 10 business days under CASL.
• Immediately under GDPR/PECR.

No Further Messaging: Once a recipient unsubscribes, you may not send them further communications through Sendvio, except legally required transactional messages.

6. SMS & WhatsApp Specific Rules

If you use SMS or WhatsApp through Sendvio, you must:

• Obtain express written consent before sending marketing texts under TCPA, CRTC rules, or equivalent laws.
• Respect time-of-day restrictions (e.g., no telemarketing messages outside permitted hours in the U.S. or Australia).
• Follow WhatsApp Business Policy, Meta template approval, and 24-hour session rules.
• Provide opt-out instructions (e.g., "Reply STOP to unsubscribe") in each SMS message.

7. AI-Generated Messaging

• You are responsible for reviewing, editing, and approving all AI-generated outputs before sending.
• You must disclose AI-generated content where required by law (e.g., EU AI Act).
• You may not use AI-generated content for unlawful, discriminatory, or deceptive purposes.

8. Enforcement & Sendvio's Rights

Sendvio reserves the right, at its sole discretion, to:

• Suspend, throttle, or terminate Services for suspected violations.
• Block campaigns or prevent delivery if abuse is suspected.
• Investigate activity and require proof of consent before allowing campaigns.
• Report violations to regulators, carriers, Meta, law enforcement, or affected third parties.
• Recover damages: Customer agrees to indemnify Sendvio for any regulatory fines, carrier penalties, damages, or costs (including attorney fees) incurred due to Customer's violation of this Policy.

9. No Circumvention

You may not:

• Create multiple accounts to bypass restrictions.
• Use third-party relays or masking technologies to obscure sender identity.
• Interfere with Sendvio's spam-prevention tools or monitoring.

10. Updates

Sendvio may update this Policy to reflect changes in law, industry standards, or platform rules. Material changes will be communicated via email, in-app notification, or website update. Continued use of the Services constitutes acceptance.