1. General Provisions
1.1. These Terms of Service (the “Terms”) govern all use of the sender.net website and all content, services and products available at or through the website, including, but not limited to, sending email and SMS messages through Sender (the “Services”).
1.2. The Services are owned and operated by UAB “Sender.lt”, company code 302820904, VAT code LT100008985714, registered at Lvivo st. 25, Vilnius, Lithuania, doing business as Sender.net (“Sender”, “we”, “us” or “our”).
1.3. “Customer” or “you” means the person or entity that registers a Sender account and uses the Services. Sender and the Customer are together referred to as the “Parties”.
1.4. The agreement between you and Sender (the “Agreement”) consists of:
- these Terms;
- the Anti-SPAM Policy, which sets out what you may and may not send through the Services;
- the Privacy Policy, which explains how we collect and use personal data;
- the Data Processing Addendum (“DPA”), which governs how we process personal data on your behalf.
1.5. If you have any questions about these Terms or our Anti-SPAM Policy, please contact us at support@sender.net.
2. Eligibility
2.1. To use Sender:
- you must be at least 18 years of age;
- you must provide true and complete contact information in the profile of your account;
- you must agree to our terms, conditions and rules and abide by them.
2.2. By signing up, you warrant that you meet the above eligibility requirements. Sender reserves the right to close or shut down accounts of any users for any reason disclosed or undisclosed and to change these eligibility requirements at any time.
3. Account and Passwords
3.1. If you create an online account on sender.net, you are responsible for maintaining the security of your account and the API key assigned to you. It is up to you as the account owner to keep your password and account name confidential.
3.2. You are fully responsible for all activities that occur under the account and API key and any other actions taken in connection with your account or the use of the API by that account or API key.
3.3. You will contact Sender immediately if you suspect a breach of security regarding your account.
4. General Rules and Acceptable Use
4.1. All messages sent through the Services are subject to our Anti-SPAM Policy, which forms part of this Agreement. Sender follows a zero tolerance spam policy.
4.2. In addition, when using the Services:
- You are only allowed to have one Sender account sending the same or similar content. If your account is suspended or disabled, creating another account will automatically result in cancellation.
- You must not delete, bulk unsubscribe, or otherwise modify your list in order to avoid our billing thresholds.
- You must not use false or misleading header information. Your “From,” “To,” “Reply-To,” and routing information – including the originating domain name and email address – must be accurate and true and must identify the person or business who initiated the message. We do not allow sending from generic addresses such as gmail.com, yahoo.com, hotmail.com, outlook.com etc.
- You must not use deceptive subject lines or redirect links to sites and pages that are not relevant to your mail.
- You agree not to use any content, including graphics, that is not either created by you or provided for you to use, or that would infringe or violate any other party’s rights.
- If you send advertisements, you must identify the message as an ad. You must disclose clearly and conspicuously that your message is an advertisement.
- Your message must include your valid physical postal address. This can be your current street address, a post office box you have registered with your Postal Service, or a private mailbox you have registered with a commercial mail receiving agency established under Postal Service regulations.
- Your message must include a clear and conspicuous explanation of how the recipient can opt out of getting messages from you in the future.
- You must honor opt-out requests promptly.
5. Payments
5.1. Prepaid email credits: You may purchase prepaid email credits (one email credit equals one email sent) and these credits will remain in your account for you to use as long as your account is considered active. If your account shows no activity for a period of 12 months, your account may be considered inactive and your email credit may expire.
5.2. Subscriptions: Payments are due for any billing period on the same or closest date to the day you made your first payment (the “Pay Date”). If you go over your sending limit and reach another pricing level, then you’ll have to pay at the higher level on or before the next Pay Date. If the term ends before that payment is due, you’ll still be required to make one payment at the higher level.
5.3. Monthly and yearly subscriptions renew automatically at the end of each billing period until you cancel them. You can cancel your subscription at any time in your account. Cancelling stops future renewals; payments already made are subject to Section 7 (Refunds).
5.4. Prices shown on the website do not include VAT or other applicable taxes, which are added where required by law.
6. Billing Disputes
6.1. You agree to submit any disputes regarding charges or Sender credits in writing within 30 days of the charge or purchase. You agree that any disputes rendered outside that time period are void and any charges are considered irrefutable.
7. Refunds
7.1. We are required to provide a refund if we terminate our Services to you without cause before the end of a billing period for which you have paid. Apart from that, and the accidental purchases described in Section 7.2, you are not entitled to a refund from us.
7.2. If you made a purchase by mistake, contact us at support@sender.net. We review each case individually.
7.3. Please note:
- We do not provide refunds if your account is suspended because of violation of our Anti-SPAM Policy or these Terms. We do not refund monthly/yearly plans (incl. upgrades) if it turns out that you’re sending (or were going to send) newsletters a) without having permission from your subscribers, and/or b) with prohibited content as per our Anti-SPAM Policy.
- We do not refund any unused or partially used plans (monthly or yearly) when you did not use or partially used the Services, and/or forgot to cancel your plan, and/or decided to cancel your subscription after the purchase because of functionality.
- We apply this policy equally to all customers.
8. Termination
8.1. Sender has the right to, at its sole discretion, refuse to send any emails or SMS messages that, in Sender’s opinion, violate any Sender policy or are in any way harmful or objectionable, or terminate or deny access to and use of the Services to any individual or entity for any reason, in Sender’s sole discretion.
8.2. You also have the option of canceling your account at any time without penalty.
9. Conditions
9.1. We may modify or terminate our services at any time, for any reason, and without notice. We reserve the right to modify these Terms at any time without notice. Please review these Terms on occasion as they may change in the future.
9.2. We may, but have no obligation to, remove accounts involved in what we determine as unlawful, offensive, threatening, defamatory, obscene or otherwise objectionable activities. We will remove content that violates any party’s intellectual property or these Terms.
10. Intellectual Property
10.1. Sender owns the Services, the sender.net website, the Sender software and all related intellectual property, including the Sender name, logo and other trademarks. Except for the limited right to use the Services under these Terms, no rights are granted to you.
10.2. You must not copy, modify, reverse engineer, resell or create derivative works from the Services, or use them to build a competing product, except as permitted by law.
10.3. You keep ownership of the content you create and the contact lists you upload to the Services (“Customer Content”). You grant Sender a limited, non-exclusive licence to host, store, copy and process Customer Content only as needed to provide the Services to you.
11. Privacy and Data Protection
11.1. Sender is the data controller of the personal data you provide when you register and use your account. We process that data as described in our Privacy Policy.
11.2. For the personal data of your subscribers and other contacts that you upload to or collect through the Services, you are the data controller and Sender is the data processor. That processing is governed by our Data Processing Addendum, which forms part of this Agreement and applies automatically once you accept these Terms. Where personal data is transferred outside the European Economic Area, the DPA also incorporates the European Commission’s Standard Contractual Clauses, which you accept together with these Terms.
11.3. You are responsible for having a lawful basis, including any required consent, for collecting the personal data you upload to the Services and for sending messages to your contacts, as further described in the DPA and the Anti-SPAM Policy.
Data retention period
11.4. Personal data collected by Sender relating to the identity and contact details of its users and prospects is stored for a period of five years following the termination of the contractual relationship for data relating to users, or from the time it was collected by the data controller or from the last contact made by the prospect for data relating to prospects.
11.5. The termination of the contractual relationship is understood as being the deliberate cancellation of the contract by the user or the non-use of Sender’s services for a period of five years.
12. Confidentiality
12.1. Each Party will keep confidential any non-public information it receives from the other Party in connection with the Services and will use it only to perform this Agreement. This does not apply to information that is publicly available, already known to the receiving Party, received from a third party without a duty of confidentiality, or that must be disclosed by law or court order.
13. Third-Party Services
13.1. The Services may let you connect third-party websites, online stores, apps and other services. Your use of those services is governed by their own terms, and Sender is not responsible for them or for the data they provide.
14. Changes
14.1. Sender reserves the right, at its sole discretion, to modify or replace any part of its policies, terms, conditions or rules. It is your responsibility to review these Terms periodically for changes.
14.2. Any changes made to Sender’s Terms of Service or Anti-SPAM Policy go into effect immediately and your continued use of or access to the Services following the posting of any changes to this Agreement constitutes acceptance of those changes.
15. Disclaimer of Warranties
15.1. To the maximum extent permitted by law, we provide the material on the sender.net website and the sender.net service as is. Neither UAB “Sender.lt”, nor its suppliers and licensors, make any warranty that the Services will be error free or that access thereto will be continuous or uninterrupted. You understand that you use these at your own discretion and risk.
16. Limitation of Liability
16.1. To the maximum extent permitted by law, you assume full responsibility for any loss that results from your use of the sender.net website and the sender.net service. In no event shall Sender be liable for any indirect, special, incidental or consequential damages (including but not limited to loss of use, loss of profits, or loss of data) whether in an action in contract, equity or otherwise, arising out of or in any way connected with the use of or inability to use this site or the materials therein or resulting from unauthorized access to or alteration of data.
17. Indemnity
17.1. You agree to indemnify and hold us and our team harmless from any losses, including attorney fees, that result from any claims you make that aren’t allowed under these Terms due to a “Limitation of Liability” or other provision.
17.2. You also agree to indemnify and hold us harmless from any losses, including attorney fees, that result from third-party claims that you or someone using your password did something that, if true, would violate any of these Terms.
18. Force Majeure
18.1. Neither Party is liable for any delay or failure to perform caused by events beyond its reasonable control, such as natural disasters, fire, war, government action, labour disputes or failures of internet or hosting providers. The affected Party will make reasonable efforts to resume performance as soon as possible.
19. Assignment
19.1. You may not transfer your account or your rights under this Agreement without our prior written consent. Sender may transfer this Agreement to an affiliate or to a successor in a merger, acquisition or sale of its business.
20. Notices
20.1. We will send notices to the email address associated with your account. You can send notices to us at support@sender.net.
21. Severability and Waiver
21.1. If any provision of these Terms is found unenforceable, it will be limited to the minimum extent necessary and the remaining provisions will stay in full force.
21.2. Our failure to enforce any provision of these Terms is not a waiver of our right to do so later.
22. Entire Agreement
22.1. This Agreement, including the Anti-SPAM Policy, the Privacy Policy and the Data Processing Addendum, constitutes the entire agreement between Sender and you concerning the subject matter herein and pertaining to services as outlined on the website sender.net.
22.2. If there is a conflict between these Terms and the Data Processing Addendum regarding the processing of personal data, the Data Processing Addendum takes precedence.
23. Choice of Law
23.1. The laws of Lithuania will apply to any disputes arising out of or relating to these Terms or the Services. All claims arising out of or relating to these Terms or the Services will be litigated exclusively in courts of Lithuania and you and Sender consent to personal jurisdiction in those courts.
