Terms of Service

These Terms of Service (the "Terms") are an agreement between [Company legal name], [Registered address]("Sendoka", "we", "us") and the person or entity that creates a Sendoka account or otherwise uses the Service ("Customer", "you"). If you accept these Terms on behalf of a company or other organization, you represent that you have authority to bind it, and "you" refers to that organization.

By creating an account, clicking to accept, or using the Service you agree to these Terms, the Acceptable Use Policy(the "AUP"), and any order form or plan terms that reference them. Our Privacy Policy explains how we handle personal data. If you do not agree, do not use the Service.

1. The Service

Sendoka provides application programming interfaces, a web dashboard, software development kits, a command-line tool, an MCP server and related documentation (together, the "Service") that let you send and receive transactional and marketing email and SMS messages, manage sending domains, phone numbers and SMS registrations, templates, audiences and contacts, and receive delivery events by webhook.

Email is delivered through Amazon Simple Email Service and SMS through AWS End User Messaging. Delivery of any message ultimately depends on mailbox providers, mobile carriers, registries and other third parties outside our control. We do not guarantee that any message will be delivered, delivered within a particular time, placed in an inbox rather than a spam folder, or approved by a carrier or registry.

We may change, add or remove features. If we remove a feature that is material to a paid plan you are on, we will give you reasonable advance notice where practical.

2. Accounts and organizations

• You must be at least 18 years old and able to form a binding contract to use the Service. You must provide accurate registration information and keep it up to date, including a working email address we can reach you at.
• Your account belongs to one or more organizations. Each organization has owners, who control billing, API keys, members and organization settings, and may have developers and other members with narrower roles. Owners are responsible for who they invite and what roles they grant.
• You are responsible for all activity under your account, organizations and API keys, and for keeping passwords, two-factor devices, backup codes and API keys confidential. API keys are shown once and cannot be recovered; revoke and replace any key you believe is exposed, and tell us promptly at security@sendoka.com of any unauthorized use.
• If you use platform mode to send on behalf of your own customers ("tenants"), you are responsible for your tenants' use of the Service as if it were your own, and you must bind them to terms at least as protective of Sendoka as these Terms and the AUP.

3. Your obligations

You agree that you, and anyone sending through your account, will:

• comply with the Acceptable Use Policyand all laws that apply to the messages you send, including anti-spam, telemarketing, consumer-protection and privacy laws such as CAN-SPAM, the TCPA, CASL, the GDPR and the ePrivacy rules, and carrier requirements such as US A2P 10DLC registration and India's DLT regime;
• obtain, record and honor every consent and opt-out that applies to each recipient, and keep evidence of consent available to us on request;
• only send from domains, phone numbers and sender IDs you are entitled to use, and provide truthful information in brand, campaign and sender registrations;
• not attempt to circumvent the Service's limits or safeguards, including rate limits, usage and spend caps, suppression lists, sandbox restrictions, quiet hours and geographic sending permissions.

You are the sender of the messages you submit, and you are solely responsible for their content, their recipients, and having the right to send them.

4. Test mode and the sandbox sender

Test API keys (sok_test_) simulate sends, verifications and provisioning without contacting any provider. Simulated messages and registrations are not delivered and do not carry legal or carrier effect.

Each organization receives a sandbox email sender so it can try the Service before verifying its own domain. Live mail from the sandbox sender is limited to the verified sign-in addresses of your organization's members, to 100 recipients per organization per UTC day, and may not be used for audience broadcasts. These restrictions may change as needed to protect deliverability.

5. Plans, fees and payment

• Plans, included allowances, overage rates and features are described on our pricing page or in an order form. The Free plan is provided without charge and subject to usage limits.
• Paid plans are billed in advance for subscription fees and in arrears for metered usage above any included allowance. Payments are processed by Stripe; you authorize us and Stripe to charge your payment method for all fees when due. Fees are stated and payable in US dollars and exclude taxes, which you are responsible for (other than taxes on our net income).
• Third-party pass-through costs, such as SMS registration fees charged by carriers or registries and phone-number rental, may be billed as described when you request them. Some registrations are non-refundable once submitted, even if they are later rejected.
• You may set an organization spend cap. When usage would exceed it, sends are refused (402 SPEND_CAP_EXCEEDED) until the cap is raised or the billing month resets, which will prevent your messages; you are responsible for setting a cap that suits you.
• Except where required by law or stated in an order form, fees are non-refundable. If a payment fails, we may downgrade your plan or suspend paid features after notice. We may change prices on at least 30 days' notice; changes take effect at your next billing period.

6. Customer data

"Customer Data" means the content you submit to the Service — message bodies, templates, attachments, recipient addresses and phone numbers, contact and audience data, and inbound messages received on your domains and numbers. As between the parties, you own Customer Data. You grant Sendoka a worldwide, limited license to host, copy, transmit, process and display Customer Data only as needed to provide, secure and support the Service and as required by law.

For Customer Data that is personal data, Sendoka acts as your processor and you act as controller. The Data Processing Agreement governs that processing and is incorporated into these Terms when executed. Message content is retained and then redacted according to your plan's log-retention window and the schedule in the Privacy Policy. You can export organization data from the dashboard at any time while your account is active.

You are responsible for the accuracy, quality and legality of Customer Data and for maintaining your own copies of anything you need to keep.

7. Suspension

We may suspend all or part of your access to the Service — including refusing API requests, holding scheduled messages, or disabling a sender — immediately and without prior notice if we reasonably believe that: (a) you or a tenant are in breach of the AUP or Section 3; (b) your use poses a security, deliverability or legal risk to the Service, our providers, or other customers, for example because of elevated bounce or complaint rates, carrier or provider enforcement, or suspected account compromise; (c) payment is overdue; or (d) we are required to by law or by a provider. While an organization is suspended, its API keys are refused and its scheduled messages are held rather than sent. We will tell you the reason where we lawfully can, and restore access promptly once the cause is resolved.

8. Intellectual property and feedback

Sendoka and its licensors own the Service, including all software, documentation and branding. Subject to these Terms, we grant you a non-exclusive, non-transferable right to use the Service during your subscription. Our SDKs and CLI are additionally licensed under the license that accompanies them. You may not copy, modify, reverse engineer, resell or create a competing service from the Service except as permitted by law or those licenses. If you send us feedback, we may use it without obligation to you.

9. Third-party services

The Service relies on third-party providers, listed in the Privacy Policy. Sign-in with Google, GitHub or your own identity provider, and any integrations you connect, are governed by those providers' terms. We are not responsible for third-party services you choose to use, or for decisions made by carriers, registries and mailbox providers about your messages or registrations.

10. Confidentiality

Each party will protect the other's non-public information that is marked or reasonably understood to be confidential with at least reasonable care, use it only to perform under these Terms, and disclose it only to those who need to know it and are bound by similar obligations, or as required by law.

11. Warranties and disclaimers

Each party warrants that it has the authority to enter into these Terms. We will provide the Service with reasonable skill and care and in line with the documentation in all material respects. EXCEPT AS EXPRESSLY STATED IN THESE TERMS, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE", AND SENDOKA DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR THAT ANY MESSAGE WILL BE DELIVERED. Any uptime figure we publish is a target, not a service-level commitment, unless an order form says otherwise. Messaging must not be your only means of sending communications where failure could cause death, injury or property damage, such as emergency alerts.

12. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW: (a) NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, GOODWILL OR DATA, EVEN IF ADVISED OF THEIR POSSIBILITY; AND (b) EACH PARTY'S TOTAL LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS WILL NOT EXCEED THE AMOUNTS YOU PAID TO SENDOKA FOR THE SERVICE IN THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR US$100 IF GREATER. These limits do not apply to your payment obligations, your indemnity obligations, or liability that cannot be limited by law.

13. Indemnification

You will defend and indemnify Sendoka and its affiliates, officers and employees against any third-party claim, fine or penalty — including claims by message recipients, regulators, carriers and registries — arising from Customer Data, the messages you or your tenants send, your breach of these Terms or the AUP, or your violation of law, and pay resulting damages, costs and reasonable attorneys' fees.

14. Term and termination

By you

You may stop using the Service at any time. Owners can cancel a paid plan from Settings → Billing, delete an organization, or delete their account from the dashboard. Cancellation takes effect at the end of the current billing period; metered usage already incurred remains payable.

By us

We may terminate these Terms on 30 days' notice for convenience, or immediately if you materially breach them (including the AUP) and do not cure the breach within 10 days of notice, or where suspension grounds in Section 7 are serious or repeated.

Effect

On termination your right to use the Service ends. Before you delete an organization you can export its data from the dashboard; after deletion, Customer Data is removed from our active systems, subject to the retention described in the Privacy Policy and any copies we are required by law to keep. Sections that by their nature should survive — including fees owed, Customer Data, confidentiality, disclaimers, limitation of liability, indemnification and governing law — survive termination.

15. Changes to these Terms

We may update these Terms. We will post the new version here with a new "last updated" date and, for material changes, notify account owners by email or in the dashboard at least 30 days before they take effect, unless a change is required sooner by law. Continuing to use the Service after changes take effect means you accept them.

16. Governing law and disputes

These Terms are governed by the laws of [Governing law jurisdiction], without regard to its conflict-of-laws rules. The courts of [Courts of venue] have exclusive jurisdiction over any dispute arising out of or relating to these Terms, and each party consents to that jurisdiction. Either party may seek injunctive relief in any competent court to protect its intellectual property or confidential information.

17. General

These Terms, with the AUP, the DPA (where executed) and any order form, are the entire agreement between the parties about the Service; an order form controls if it conflicts with these Terms. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition or sale of assets. Neither party is liable for delays caused by events beyond its reasonable control. If a provision is unenforceable, the rest remain in effect. A failure to enforce a provision is not a waiver. There are no third-party beneficiaries. Notices to us go to legal@sendoka.com; notices to you go to the email address of your organization's owners.