Terms and Conditions of Service

Last Updated: September 17, 2024.

Thanks for choosing "Sendvio". These Terms and Conditions of Service (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 Service 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 Service 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 Service 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 Service, 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 Service.

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

1.1 Minimum Age and Authority to Enter Into Binding Agreement

The Services offered through this Platform are available only to individuals and legal entities who can form legally binding contracts under applicable law. By accessing or using the Platform, you represent and warrant that:

• You are at least 18 years of age or the age of majority in your jurisdiction (whichever is greater);
• You possess the legal right, authority, and capacity to enter into these Terms of Service on your own behalf or on behalf of the business or legal entity you represent; and
• If you are accessing the Services on behalf of an organization, you are duly authorized to bind that organization to these Terms.

Use of the Services by individuals under the age of 18 is strictly prohibited. If we discover or have reasonable grounds to believe that you do not meet these eligibility requirements, we reserve the right to suspend or terminate your access to the Platform and Services without notice.

1.2 Account Information

You agree to provide and maintain truthful, accurate, current, and complete information about yourself and your organization as prompted by the registration process and throughout your use of the Platform. This includes, but is not limited to, your legal name, business identity, contact information, and payment credentials.

You further represent and warrant that all submitted information is verifiable and lawfully obtained. You agree to promptly update your account information if any changes occur that would render the previously submitted data inaccurate, misleading, or incomplete.

Sendvio reserves the right, at its sole discretion, to suspend, restrict, or terminate your access to the Platform and Services if we determine or reasonably suspect that any information provided is false, misleading, unverifiable, or associated with fraudulent or unauthorized activity.

We may also request supporting documentation to validate your identity, business affiliation, or ownership of the connected Shopify store. Failure to comply with such requests may result in account suspension or permanent termination.

Sendvio shall not be liable for any loss, damage, or legal consequence arising from your failure to provide or maintain accurate and lawful account information.

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

By installing and using the Services provided through this Platform, you acknowledge and agree that you are solely responsible for the accuracy, legality, and performance of all content, including but not limited to discount codes, images, text, and messages displayed or distributed to your contacts via Sendvio.

You represent and warrant that all content you transmit or display through the Platform:

• Complies with applicable laws and regulations;
• Does not contain or promote spam, malicious software, or deceptive practices;
• Does not include content that is obscene, sexually explicit, defamatory, hateful, abusive, violent, racist, discriminatory, libelous, or otherwise offensive;
• Does not infringe upon the intellectual property, privacy, publicity, or moral rights of any individual or entity.

Sendvio does not pre-screen, monitor, or control content submitted or distributed by users and expressly disclaims all responsibility or liability arising from such content. You remain solely responsible for ensuring that any material shared through your account complies with all applicable intellectual property and privacy laws.

You agree to only use contact data for email or SMS marketing automation when you have obtained valid, verifiable consent from each recipient in accordance with all applicable data protection and marketing laws, including but not limited to:

• The General Data Protection Regulation (GDPR);
• The California Consumer Privacy Act (CCPA);
• The Telephone Consumer Protection Act (TCPA);
• The Controlling the Assault of Non-Solicited Pornography and Marketing Act (CAN-SPAM Act);
• Canada's Anti-Spam Legislation (CASL);
• Any other regional or industry-specific consent requirements.

You acknowledge and agree that you are the sole data controller with respect to your subscribers and customer data, and that you are fully responsible for obtaining all necessary consents, disclosures, and legal authorizations for sending communications or performing any data processing activities.

Sendvio reserves the right to monitor, suspend, restrict, or permanently terminate access to your account or the Services if we determine, at our sole discretion, that you are using the Platform:

• To send spam or unsolicited communications;
• In violation of applicable law;
• In a way that could damage Sendvio's reputation, infrastructure, or other users;
• To engage in harmful, abusive, or fraudulent activity.

You further agree to cooperate with any reasonable investigation into your use of the Platform and to provide documentation demonstrating your compliance with applicable consent and data use obligations when requested.

1.6 Requirements and Data Provision

By using this Platform, you grant Sendvio permission to access, process, and store the data and files necessary to perform the tasks you configure within the Services. This includes, but is not limited to:

• Accessing and processing contact, order, or product data provided directly by you or retrieved via integration with third-party platforms (such as Shopify);
• Sending email and SMS campaigns that you configure, on behalf of your business or organization;
• Delivering system notifications to the email address associated with your Sendvio account.

You acknowledge and agree that the functionality of the Services relies on the accuracy, completeness, and lawful provision of data from you and/or the third-party platform where the Sendvio app is installed. You are solely responsible for ensuring that any external applications or services you install on your website or store comply with the terms, policies, and technical standards of the platform where your store is hosted (e.g., Shopify).

Sendvio disclaims all liability for service malfunctions, data issues, or performance degradation caused by:

• Third-party services or applications that alter, block, or interfere with Sendvio's functionality;
• Unauthorized modifications to the structure, settings, or data flows of your store or website;
• Non-compliant or incompatible use of external tools in violation of platform regulations.

You remain fully responsible for verifying the integrity and legality of the tools and services you choose to integrate with Sendvio, and for ensuring that no installed software compromises Sendvio's ability to perform its services as intended.

1.7 Sender Email Address and Domain Authentication

When you activate Sendvio's email marketing automation services, a default sender email address may be temporarily assigned to facilitate basic testing or initial sending capabilities.

This default address is subject to strict volume limitations and is intended solely for provisional use.

To send email campaigns using your own custom domain or email address, you must complete the required domain authentication process. This includes verifying ownership of the sending domain and properly configuring DNS records, specifically, Sender Policy Framework (SPF) and DomainKeys Identified Mail (DKIM), to ensure compliance with industry standards and to enhance email deliverability.

The use of public or free email domains (e.g., Gmail, Yahoo, Outlook) is not permitted for sending campaigns through the Sendvio platform. Only verified business or organizational domains may be used.

You are solely responsible for:

• Initiating and maintaining valid domain authentication;
• Ensuring that your DNS records are correctly configured and remain active;
• Contacting your DNS or hosting provider for support with SPF, DKIM, or other technical settings.

Sendvio disclaims all responsibility for email delivery failures, delays, or rejection by recipient email servers resulting from:

• Missing or incorrect domain authentication settings;
• Use of unverified sender email addresses;
• Third-party filtering, blacklisting, or rate-limiting unrelated to our infrastructure.

Failure to complete or maintain proper domain authentication may result in reduced sending capabilities, suspension of campaign delivery, or limitation of access to certain features of the Platform.

1.8 Notices and Notifications

You agree that all notices, communications, and notifications related to your use of the Platform, including service updates, policy changes, billing matters, and legal notices, may be sent electronically to the primary email address associated with your Sendvio account.

You are solely responsible for ensuring that this email address is accurate, current, and actively monitored at all times.

Sendvio is not responsible for any delay or failure in communication resulting from your failure to provide or maintain accurate contact information.

Any notice, inquiry, or legal communication you wish to send to Sendvio must be directed to the following email address: support@sendvio.com. Communications sent through other channels (e.g., social media, third-party apps) will not be considered valid or legally binding unless expressly acknowledged in writing by an authorized Sendvio representative.

For physical deliveries or official correspondence, you may send materials to:

By using the Platform, you agree that electronic communications satisfy any legal requirement that such communications be in writing, in accordance with applicable electronic communications laws, including the U.S. Electronic Signatures in Global and National Commerce Act (E-SIGN Act).

1.9 Cookies

Sendvio uses cookies and similar technologies to improve your experience, support essential platform functionality, and analyze usage patterns.

Cookies are small data files stored on your device. We use:

• Essential cookies: Required for the secure and proper operation of the Service.
• Analytics and performance cookies: Help us understand how users interact with our platform and improve its functionality.
• Third-party cookies: May be set by third-party services integrated into our platform (e.g., analytics or support tools).

We do not use cookies to collect personal data unless you have expressly given consent.

By using the Service, you consent to the use of essential cookies. For all other cookies, you may be prompted to provide consent through a cookie banner or browser settings, depending on your region and applicable laws.

You are responsible for ensuring that your own website's Terms of Service and Privacy Notice accurately disclose the use of cookies and any Sendvio-related technologies embedded or installed on your site.

For more information, including how to manage cookie preferences, please refer to our Privacy Notice.

2. Your responsibilities and obligations.

2.1 Compliance with Law

By using the Sendvio Platform and Services, you acknowledge and agree that you are solely and exclusively the "Sender" or "Initiator" of any and all email or SMS communications sent through your account. You are fully responsible for ensuring that your use of the Platform and all communications sent via the Services comply with all applicable local, national, and international laws, regulations, rules, industry standards, and governmental or regulatory orders in every jurisdiction in which your recipients reside or operate.

You agree not to use, and not to permit any third party to use, the Sendvio Platform or Services in violation of any applicable laws or regulations, including but not limited to:

• The Telephone Consumer Protection Act (TCPA) and regulations enforced by the Federal Communications Commission (FCC)
• The Telemarketing Sales Rule (TSR) and the Telemarketing and Consumer Fraud and Abuse Prevention Act
• The Controlling the Assault of Non-Solicited Pornography and Marketing Act (CAN-SPAM Act)
• The Children's Online Privacy Protection Act (COPPA)
• The Federal Trade Commission Act (FTC Act)
• The California Consumer Privacy Act (CCPA)
• State privacy, consumer protection, and breach notification laws
• The General Data Protection Regulation (GDPR), the UK Data Protection Act 2018, and the ePrivacy Directive (2002/58/EC), collectively referred to as "European Data Protection Law"
• The Canada's Personal Information Protection and Electronic Documents Act (PIPEDA) and Canada's Anti-Spam Legislation (CASL)
• All applicable rules, standards, and guidelines issued by the CTIA, Mobile Marketing Association, and relevant telecommunications carriers or industry regulators.

You further agree that Sendvio does not assume and shall not be held responsible or liable for your legal obligations as the sender or initiator of communications. Sendvio may, at its sole discretion, suspend or terminate access to the Services if it believes you have violated any applicable law, regulation, or rule, or pose a legal or reputational risk to the platform or its partners.

It is your responsibility to consult with qualified legal counsel to ensure that your use of the Services complies with all applicable requirements.

2.2 Responsibility for End-User Terms and Legal Disclosures

You acknowledge that the Services provided by Sendvio are made available strictly on a business-to-business (B2B) basis. Sendvio has no direct relationship with your end-users or customers and disclaims any responsibility for the content, operation, or enforcement of any customer-facing Terms of Service, Privacy Policies, or legal disclosures you may present on your website, storefront, or communications.

Sendvio does not provide legal advice, and nothing in the use of the Platform or Services constitutes or creates an attorney-client relationship. We make no representations or warranties, express or implied, regarding the legal sufficiency or enforceability of any End-User Terms or privacy notices you choose to implement in connection with our Services.

By using our Services, you represent and warrant that:

• You accept full legal responsibility for your own End-User Terms and policies;
• You have either obtained independent legal counsel or voluntarily declined to do so; and
• You understand that compliance with privacy, data protection, and consumer rights laws applicable to your business and your customers is solely your responsibility.

It is your obligation to ensure that all customer-facing policies, including but not limited to Terms of Service, Privacy Policies, cookie disclosures, and opt-in mechanisms, are accurate, lawful, and reflect your use of the Sendvio Platform.

Sendvio shall not be held liable for any claims, penalties, losses, or damages arising from your failure to comply with these obligations.

2.3 Identity Verification and Abuse Prevention

To maintain the security, integrity, and lawful operation of the Sendvio platform, we reserve the right to monitor usage activity and investigate any behavior that appears suspicious, abusive, fraudulent, or in violation of these Terms or applicable laws.

If such activity is detected, we may require the account holder to complete an identity verification process and provide documentation demonstrating the legitimacy of their access to the platform and any connected services, including but not limited to their Shopify store.

Failure to comply with our verification request within the timeframe provided, or the submission of false, incomplete, or unverifiable information, may result in the temporary suspension or permanent termination of access to the Service.

Where appropriate, we may report suspected abuse, fraud, or unlawful activity to Shopify, affiliated service providers, or law enforcement agencies, in accordance with applicable legal obligations.

By using Sendvio, you acknowledge and agree that we may enforce these measures to protect our platform, users, and partners from harm or misuse.

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.

3.2 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 and Usage Limits

By subscribing to a paid plan through the Platform, you gain access to specific features and usage allowances defined by the subscription tier you select. Current plan options and their respective limits are detailed at https://ap.sendvio.com/pricing, which may be updated from time to time.

You agree to pay the monthly service fee associated with your selected plan. All charges are billed in accordance with Shopify's billing system, and pricing is subject to change with reasonable notice as required by applicable law.

Each plan includes predefined limits (such as a number of contacts, messages, or other usage metrics). Once you reach the usage limits of your selected plan, certain services, such as the sending of email or SMS campaigns, the execution of automation workflows, or widgets, may be automatically paused or restricted until the start of the next billing cycle or until you upgrade your plan.

We are not liable for any disruption or loss of service resulting from the exhaustion of your plan's limits. It is your responsibility to monitor your usage and ensure that your selected plan meets your ongoing business needs.

Sendvio reserves the right to notify users nearing their plan limits and to offer upgrade options to avoid interruptions. Continued use of the Platform following any plan upgrade, renewal, or modification constitutes acceptance of the associated charges and terms.

3.4 Increasing or Decreasing Your Monthly Plan

You are solely responsible for selecting a subscription plan that aligns with your business needs, usage expectations, and budget. Each plan includes access to specific features and usage limits as described at https://ap.sendvio.com/pricing.

By activating a subscription, you acknowledge and agree that monthly charges apply regardless of whether you actively use all or any portion of the available services or features during the billing period. Fees are charged for access to the platform and the availability of system resources in accordance with the plan you selected, and are not contingent upon actual usage, performance, or specific results.

If you wish to increase or decrease your plan limits, you may do so at any time from your Sendvio dashboard. Changes to your plan may result in immediate billing adjustments or prorated charges, in accordance with Shopify's billing policies.

Sendvio does not issue refunds or credits for unused services, partial billing periods, or user inactivity. We strongly encourage you to review your usage regularly and adjust your plan accordingly to avoid unnecessary charges.

If you have questions about your current plan or require guidance on choosing a suitable subscription, please contact us at support@sendvio.com.

3.5 Fees

By creating a subscription to use the Services provided through this Platform, you agree to pay all applicable fees associated with your selected plan, as published on our official pricing page at https://ap.sendvio.com/pricing. Fees are charged in accordance with the billing policies of the Shopify App Store and are subject to change with prior notice, in accordance with applicable laws.

You acknowledge and accept full legal responsibility for the timely payment of all applicable taxes, including but not limited to value-added tax (VAT), sales tax, withholding tax, government levies, duties, and any related interest or penalties that may arise under relevant tax laws or regulations in your jurisdiction.

In addition, you are solely responsible for any third-party costs associated with your payment method, including transaction fees, currency conversion fees, international bank transfer fees, or other banking or financial charges incurred during payment processing.

Sendvio shall not be held liable for any failure to deliver services resulting from payment delays, rejections, or interruptions caused by your payment provider or financial institution.

3.6 Free Plan

Sendvio offers a free plan with predefined usage limits, as described on our Pricing Page. These limits begin accruing from the date of your initial installation of the app and are associated with your store's unique identifier.

Reinstalling the app does not reset or renew your free plan limits. Any attempt to circumvent usage limits by uninstalling and reinstalling the app, creating duplicate accounts, or engaging in similar behavior may result in account suspension or permanent restriction of access to the free plan.

The free plan is provided at Sendvio's sole discretion and may be modified, restricted, or discontinued at any time without prior notice, and without liability to you. Continued use of the platform under the free plan is subject to compliance with these Terms.

3.7 Cancellation and Termination of the Service

You may cancel your Sendvio subscription at any time through the Sendvio dashboard or by uninstalling the Sendvio app from your Shopify account. Cancellation will stop future billing; however, no refunds will be issued for partial billing periods, unused services, or early termination.

Sendvio reserves the right, at its sole discretion and without prior notice, to suspend or terminate your access to the Service if you breach, or we reasonably suspect that you have breached, any provision of these Terms, applicable laws, or Shopify's policies. In such cases, we may also require you to complete an identity verification process to confirm your eligibility to continue using the Service.

Upon cancellation or termination of your account:

• Your subscriber lists and account-specific data will be permanently deleted, unless otherwise required by law.
• We will retain historical records of campaign activity (e.g., sent messages, open/click data) for legal, compliance, and audit purposes, as permitted under applicable data protection laws.

Termination of the Service does not relieve you of your responsibility to pay any outstanding fees or comply with any post-termination obligations described in these Terms.

4. Liability for our Services.

4.1 Payment Agreement and Strategic Responsibility

Sendvio provides marketing automation tools that function based on the configurations, conditions, and strategies that you, as the user, create and enable through the Platform. Certain features, including email and SMS automations, operate automatically once activated, in accordance with your predefined settings.

It is your sole responsibility to validate, test, and monitor all configurations before and after enabling any feature of the Service. You are fully responsible for the consequences of the strategies and automations you implement using the Platform.

Accordingly, Sendvio disclaims all liability for any direct or indirect financial loss, loss of data, lost profits, missed revenue opportunities, reputational damage, or other adverse consequences arising from your use, misuse, or misconfiguration of the Platform's features.

You acknowledge and agree that Sendvio does not guarantee the success, performance, or accuracy of any marketing strategy or campaign, and that all outcomes are subject to factors beyond our control, including customer behavior, third-party platform policies, and external market conditions.

5. Indemnification.

5.1 Indemnification by Customer

You agree to indemnify, defend, and hold harmless Sendvio, its parent company, affiliates, and their respective officers, directors, employees, agents, contractors, licensors, and representatives (collectively, the "Indemnified Parties") from and against any and all claims, liabilities, losses, damages, judgments, settlements, penalties, fines, costs, and expenses (including reasonable attorneys' fees and expert witness fees) arising out of or relating to:

• Your access to or use of the Platform or Services;
• Any content, data, or communications transmitted, uploaded, or distributed through your account;
• Your breach or alleged breach of any representation, warranty, or obligation under this Agreement;
• Your violation of any applicable law, regulation, or third-party right, including without limitation any intellectual property, data protection, or privacy rights; or
• Your misuse of the Platform, including in connection with fraudulent, deceptive, abusive, or unlawful practices.

This indemnification obligation applies regardless of any alleged or actual negligence, misconduct, or fault of Sendvio or the Indemnified Parties, except to the extent that such claim arises solely from Sendvio's gross negligence or willful misconduct.

Your indemnification obligations shall survive the termination or expiration of this Agreement and your use of the Platform or Services.

5.2 Exclusion of Liability

Sendvio shall not be held liable for any failure, delay, interruption, error, data loss, or degradation in the delivery, transmission, or receipt of content or communications that is caused, in whole or in part, by third-party platforms, telecommunications providers, internet service providers, hosting providers, or any external systems or services that are not owned or directly controlled by Sendvio, but are necessary for the operation of the Platform and Services.

This includes, but is not limited to, issues arising from Shopify's infrastructure, mobile carriers, DNS providers, data centers, cloud platforms, or email/SMS gateway services.

To the fullest extent permitted by applicable law, Sendvio disclaims all liability for indirect, incidental, special, or consequential damages, loss of profits, loss of business opportunity, or loss of data arising from such events, regardless of whether foreseeable or not.