Please read these terms carefully before using the Sendova platform.
By accessing or using the Sendova platform, website, APIs, or any associated services (collectively, the "Service"), you confirm that:
These Terms apply to all users of the Service, including free-tier users, paid subscribers, trial users, and API integrators. Your continued use of the Service following any update to these Terms constitutes acceptance of the revised Terms.
| Term | Meaning |
|---|---|
| "Sendova" | Sendova Ltd., a company with its principal place of business at 1 Innovation Way, Suite 400, Austin, TX 78701, USA. |
| "Service" | The Sendova email delivery platform, including the web portal, SMTP relay infrastructure, REST API, and all related software, tools, and documentation. |
| "Customer" / "You" | The individual or legal entity that registers for, accesses, or uses the Service. |
| "Account" | A registered account on the Sendova platform, identified by a unique email address and associated with SMTP credentials and sending domains. |
| "Sending Domain" | A domain name registered by the Customer, added to the Service, and used as the sender domain in outbound email messages. |
| "Content" | All data, information, text, links, images, and other material transmitted or stored through the Service by the Customer. |
| "Recipient" | Any individual or entity to whom a message is addressed and transmitted via the Service. |
| "Plan" | A subscription tier (Free, Starter, Growth, Business, or Enterprise) that determines the Service limits and features available to the Customer. |
| "Intellectual Property" | All patents, trademarks, service marks, trade secrets, copyrights, know-how, and other proprietary rights. |
| "Confidential Information" | Any non-public information disclosed by either party in connection with the Service that is designated as confidential or reasonably understood to be confidential. |
| "AUP" | The Acceptable Use Policy set out in Section 5 of these Terms. |
To use the Service, you must register for an Account by providing accurate, complete, and current information including your name, email address, and a valid password. You agree to keep your registration information up to date at all times. Sendova reserves the right to reject any registration or terminate any Account that contains false or misleading information.
You are solely responsible for maintaining the confidentiality of your Account credentials, including your portal login password and SMTP password. You agree to:
Each Customer may maintain one Account per legal entity. Creating duplicate or multiple accounts to circumvent sending limits, pricing tiers, or any suspension is a material breach of these Terms and grounds for immediate termination of all associated Accounts.
All Accounts require email address verification before SMTP access is granted.
Sendova may send transactional and service-related messages to your registered
email address. You are responsible for ensuring delivery of messages from
noreply@sendova.org is not blocked.
Sendova provides a managed email delivery platform that enables Customers to send transactional and marketing email messages via SMTP relay and HTTP API. The Service includes DKIM signing, SPF alignment, DMARC enforcement, bounce management, suppression list management, and real-time delivery analytics.
The Service is provided under tiered Plans. Each Plan defines monthly email volume limits, daily sending caps, and feature entitlements. Current Plan pricing and limits are published at sendova.org/pricing and may be updated from time to time in accordance with Section 16 (Modifications).
Sending in excess of your Plan's monthly or daily limits will result in deferral of queued messages. Sendova will notify you when you approach 80% and 100% of your monthly limit. Overage sending may be made available at the then-current overage rate. Sendova does not silently discard messages — deferred messages are queued and delivered upon limit reset or plan upgrade.
Sendova targets 99.9% monthly uptime for the SMTP relay and web portal. Scheduled maintenance will be announced at least 24 hours in advance where possible. Uptime is measured excluding scheduled maintenance windows. Sendova provides no formal SLA to free-tier customers; uptime commitments apply to paid Plans.
Sendova reserves the right to add, modify, suspend, or discontinue any feature or component of the Service at any time, with reasonable notice where practicable. Sendova will make reasonable efforts to notify Customers of material changes through the portal or email.
You may use the Service to send email messages that you have a legitimate basis to send, including transactional messages (order confirmations, password resets, account alerts), marketing messages sent with appropriate consent, and internal business communications.
You must not use the Service to:
The following industries and use cases are subject to enhanced review and may be declined at Sendova's sole discretion:
Sendova monitors the Service for AUP violations using automated and manual methods, including analysis of bounce rates, complaint rates, sending patterns, and content signals. Sendova may take any of the following actions for actual or suspected AUP violations: issue a warning, throttle sending, suspend sending privileges, suspend the Account, or terminate the Account permanently. Sendova's determination of what constitutes a violation is final.
You are solely responsible for the quality of your mailing lists and the content of your messages. You acknowledge that poor list hygiene, high bounce rates (above 5%), or high spam complaint rates (above 0.3%) may result in sending restrictions to protect the shared IP infrastructure and the deliverability of all Customers.
You agree to maintain mailing lists that meet the following standards:
All messages sent through the Service must include:
You must own or have administrative control over all Sending Domains added to your Account. You must maintain accurate DNS records as required by the Service (SPF, DKIM CNAME, DMARC, and optionally MX). Sendova will verify DNS records at domain addition and may re-verify periodically. Domains with lapsed or incorrect DNS records may have sending suspended until records are corrected.
Sendova applies per-account, per-domain, and per-IP rate limits. These limits exist to protect deliverability across the shared infrastructure. Sendova reserves the right to throttle any Account that generates abnormal sending patterns, regardless of Plan limits, without prior notice.
You are solely responsible for ensuring your use of the Service complies with all applicable laws and regulations in every jurisdiction where you send email or where your Recipients are located, including but not limited to:
You represent and warrant that neither you, nor any of your directors, officers, or beneficial owners, are: (a) subject to any sanctions administered by the US Office of Foreign Assets Control (OFAC), the UN Security Council, the EU, or HM Treasury; or (b) located in or ordinarily resident in any jurisdiction subject to comprehensive US trade sanctions (including Cuba, Iran, North Korea, Syria, and the Crimea, Donetsk, and Luhansk regions). Use of the Service from sanctioned jurisdictions is strictly prohibited and will result in immediate termination.
The Service and related technology may be subject to US export control laws, including the Export Administration Regulations (EAR). You agree to comply with all applicable export and re-export control laws and regulations and to not export or use the Service in any manner prohibited by such laws.
Sendova respects intellectual property rights and expects Customers to do the same. If you believe that Content transmitted through the Service infringes your copyright, please send a written notice to support@sendova.org containing: (i) identification of the copyrighted work; (ii) identification of the allegedly infringing material; (iii) your contact information; (iv) a statement of good-faith belief; (v) a statement under penalty of perjury of accuracy; and (vi) your signature. Sendova will respond to valid DMCA notices in accordance with applicable law.
The Free Plan is provided at no charge subject to the sending limits described at sendova.org/pricing. Sendova reserves the right to modify or discontinue the Free Plan at any time with 30 days' notice. Free Plan accounts are subject to all provisions of these Terms including the AUP.
Paid Plan subscriptions are billed monthly in advance. By providing a payment method, you authorise Sendova (or its payment processor) to charge your payment method on each billing date for the applicable subscription fee. Prices are listed in USD and are exclusive of taxes unless stated otherwise.
If you exceed your Plan's monthly email volume and have authorised overage billing, Sendova will charge the applicable overage rate per email beyond your limit. Overage charges are billed at the end of the billing month. The current overage rate is displayed in your portal under Account Settings.
Sendova accepts major credit and debit cards via its payment processor. You are responsible for ensuring your payment method remains valid and up to date. If a payment fails, Sendova will notify you and may suspend access to paid features until payment is successfully processed. Accounts with outstanding balances for more than 14 days may be terminated.
You are responsible for all taxes, levies, or duties imposed by taxing authorities on your purchase of the Service, excluding taxes based on Sendova's income. If Sendova is required to collect such taxes, the applicable amount will be added to your billing invoice.
All fees are non-refundable except as required by applicable law or as expressly stated in these Terms. If you downgrade or cancel your Plan mid-cycle, you will retain access to your current Plan's features until the end of the paid period. No pro-rata refunds are provided. In exceptional circumstances, Sendova may offer service credits at its sole discretion.
You may upgrade your Plan at any time; the upgrade takes effect immediately and the first billing cycle is pro-rated. Downgrades take effect at the start of the next billing cycle. Cancellation of a paid Plan takes effect at the end of the current billing period, after which your Account reverts to the Free Plan (subject to Free Plan availability and limits).
Sendova may change its pricing at any time. For paid subscribers, price changes will be communicated at least 30 days before they take effect. Your continued use of the Service after a price change takes effect constitutes acceptance of the new pricing.
As between you and Sendova, you retain all ownership rights in your Content, including Recipient email addresses and message content. Sendova processes your Content solely to provide the Service as described in these Terms and in Sendova's Privacy Policy.
For the purposes of applicable data protection law, Sendova acts as a data processor when processing personal data contained in your email messages on your behalf. You are the data controller responsible for ensuring you have a lawful basis for sending to each Recipient and for the content of messages sent through the Service.
Sendova retains delivery logs and metadata (including sender, recipient, timestamp, and delivery status) for a maximum of 90 days. Message body content is not stored by Sendova beyond what is necessary for queuing and delivery. Sendova may retain anonymised aggregate statistics indefinitely.
Sendova implements industry-standard technical and organisational security measures, including encryption in transit (TLS 1.2+), hashed credential storage, access controls, and infrastructure monitoring. You acknowledge that no method of electronic transmission or storage is 100% secure, and Sendova cannot guarantee absolute security.
Sendova's collection and use of personal data relating to your Account is governed by Sendova's Privacy Policy, available at support@sendova.org on request. The Privacy Policy is incorporated into these Terms by reference.
You must ensure that all Recipient personal data processed through the Service is handled in compliance with applicable data protection law. You must not include sensitive personal data (as defined under GDPR or equivalent law) in message subject lines, headers, or metadata unless necessary and protected by appropriate safeguards.
The Service, including its software, infrastructure, interfaces, documentation, trademarks, service marks, and all related intellectual property, is and remains the exclusive property of Sendova and its licensors. These Terms do not grant you any ownership interest in the Service or any Sendova IP.
Subject to your compliance with these Terms, Sendova grants you a limited, non-exclusive, non-transferable, revocable licence to access and use the Service for your internal business purposes during the term of your Account.
By transmitting Content through the Service, you grant Sendova a limited, worldwide, royalty-free licence to process, store, transmit, and display your Content solely as necessary to provide and improve the Service. Sendova does not claim ownership of your Content.
If you provide Sendova with any feedback, suggestions, or ideas about the Service, you grant Sendova a perpetual, irrevocable, royalty-free right to use and incorporate such feedback into the Service without any obligation or compensation to you.
Each party agrees to: (a) hold the other party's Confidential Information in strict confidence using at least the same degree of care it uses to protect its own confidential information, but no less than reasonable care; (b) not disclose Confidential Information to any third party except as expressly permitted herein; and (c) use Confidential Information solely to exercise its rights and fulfil its obligations under these Terms.
Confidentiality obligations do not apply to information that: (a) is or becomes publicly known through no fault of the receiving party; (b) was already known to the receiving party before disclosure; (c) is independently developed without use of the Confidential Information; or (d) is required to be disclosed by law, court order, or governmental authority, provided that the disclosing party gives prompt written notice where legally permitted.
Confidentiality obligations survive termination of these Terms for a period of three (3) years, except in the case of trade secrets, which remain confidential indefinitely.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SENDOVA EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION:
Sendova does not warrant that the Service will meet your specific requirements. Use of the Service is entirely at your own risk.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SENDOVA, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL, DATA, BUSINESS OPPORTUNITY, OR OTHER INTANGIBLE LOSSES, EVEN IF SENDOVA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SENDOVA'S TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL FEES PAID BY YOU TO SENDOVA IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE CLAIM; OR (B) ONE HUNDRED US DOLLARS (USD $100).
THE PARTIES ACKNOWLEDGE THAT THE LIMITATIONS OF LIABILITY IN THIS SECTION ARE AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES, AND THAT SENDOVA WOULD NOT PROVIDE THE SERVICE WITHOUT SUCH LIMITATIONS.
Some jurisdictions do not allow the exclusion or limitation of certain warranties or liabilities. In such jurisdictions, Sendova's liability is limited to the greatest extent permitted by applicable law.
You agree to indemnify, defend, and hold harmless Sendova and its affiliates, officers, directors, employees, agents, licensors, and service providers from and against any and all claims, liabilities, damages, judgements, awards, losses, costs, expenses, and fees (including reasonable legal fees) arising out of or relating to:
Sendova reserves the right, at your expense, to assume exclusive defence and control of any matter subject to indemnification. You agree to cooperate with Sendova's defence of such claims and not to settle any such matter without Sendova's prior written consent.
You may cancel your Account at any time through the portal or by contacting support@sendova.org. Cancellation takes effect at the end of the current billing period for paid Plans. After cancellation, your Account data is retained for 30 days to allow for data export, after which it is permanently deleted.
Sendova may suspend your Account or sending access (with or without notice) if:
Where practicable, Sendova will notify you of a suspension and provide an opportunity to remedy the cause within a reasonable timeframe. Sendova's determination of what constitutes a breach is final and binding.
Sendova may terminate your Account immediately and without liability if:
Sendova may also terminate the Service generally with 60 days' notice to all Customers.
Upon termination: (a) your right to access and use the Service immediately ceases; (b) Sendova may delete all Account data after the applicable retention period; (c) you remain liable for all fees accrued prior to termination; (d) provisions of these Terms that by their nature should survive termination shall survive, including Sections 7, 10, 11, 12, 13, 14, 17, 18, and 19.
Sendova reserves the right to modify these Terms at any time. For material changes, Sendova will provide at least 30 days' notice via email or through a prominent notice in the portal. Non-material changes (such as clarifications, corrections, or legal updates) may be made immediately. The updated Terms will be posted at sendova.org/terms with a revised "Last updated" date.
Your continued use of the Service after the effective date of a modification constitutes your acceptance of the revised Terms. If you do not accept the revised Terms, you must stop using the Service and cancel your Account before the effective date.
These Terms and any dispute arising out of or related to the Service shall be governed by and construed in accordance with the laws of the State of Texas, United States of America, without regard to its conflict-of-law provisions. The United Nations Convention on Contracts for the International Sale of Goods (CISG) does not apply to these Terms.
Subject to Section 18 (Dispute Resolution), any legal action or proceeding not subject to arbitration shall be brought exclusively in the state or federal courts located in Travis County, Texas, USA, and each party irrevocably consents to personal jurisdiction and venue in such courts.
Before initiating any formal dispute, you agree to contact Sendova at support@sendova.org and attempt in good faith to resolve the dispute informally. Sendova will attempt to resolve the dispute within 30 days of receipt of notice.
If informal resolution fails, any dispute, claim, or controversy arising out of or relating to these Terms or the Service — except for claims brought in small claims court and requests for injunctive or other equitable relief — shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration shall be conducted in English in Austin, Texas, USA. The arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.
YOU AND SENDOVA AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. The arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of representative or class proceeding.
Notwithstanding Section 18.2, either party may seek emergency injunctive or other equitable relief from a court of competent jurisdiction to prevent irreparable harm pending arbitration, without waiving the right to arbitration.
These Terms, together with Sendova's Privacy Policy and Cookie Policy, constitute the entire agreement between you and Sendova regarding the Service and supersede all prior or contemporaneous agreements, representations, warranties, and understandings relating to the subject matter hereof.
If any provision of these Terms is held to be invalid, illegal, or unenforceable, that provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall continue in full force and effect.
Sendova's failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision. No waiver of any term shall be deemed a further or continuing waiver of such term or any other term.
You may not assign or transfer these Terms or your Account, in whole or in part, without Sendova's prior written consent. Sendova may assign these Terms or delegate its obligations freely, including in connection with a merger, acquisition, or sale of assets. Any purported assignment in violation of this Section is void.
Neither party shall be liable for any delay or failure to perform resulting from causes beyond that party's reasonable control, including acts of God, natural disasters, war, terrorism, labour disputes, power failures, internet service provider failures, or government actions. The affected party must promptly notify the other and use reasonable efforts to resume performance.
Sendova may provide notices to you via email to your registered address, through the portal, or by posting to the Sendova website. You must provide notices to Sendova by email to support@sendova.org or by postal mail to the address in Section 20. Notices are effective upon sending (email) or upon receipt (postal mail).
The parties are independent contractors. Nothing in these Terms creates a partnership, joint venture, agency, franchise, or employment relationship between you and Sendova.
These Terms do not confer any rights or remedies upon any third party. The parties do not intend any third party to be a beneficiary of these Terms.
These Terms are written in English. If translated, the English version prevails in the event of any conflict or ambiguity.
If you have any questions, concerns, or notices regarding these Terms, please contact Sendova at: