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Terms of Service

PLEASE READ THIS DOCUMENT CAREFULLY. PERMISSION TO USE THIS SERVICE IS CONDITIONAL ON YOU AGREEING TO THE TERMS OF SERVICE HEREIN. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, PLEASE DISCONTINUE USE OF OUR SITE AND SERVICES.

We may update these Terms of Service from time to time. When such updates are posted, the "Last Updated" date in this document will also be changed. Be sure to occasionally check this page and review the Terms of Service to make sure You still agree with them.

1.1 Sendigram. Sendigram Pty Ltd, a company registered under ACN 679 014 914, with its registered office at Aurora Place, Level 10, 88 Phillip Street, SYDNEY, NSW, 2000 (hereinafter referred to as "Sendigram", "We", or "Us") has developed and operates a solution relating to EMS (Email Marketing System), via our website accessible at www.sendigram.com (the "Site").
1.2 Purpose. The purpose of these Terms of Service (the "Terms") is to define the terms and conditions of use of our Services. They constitute a legal and binding agreement between Us and any user of the Sendigram platform ("You", "User", or "Customer"). These Terms come into force as of the earliest of these dates: (i) your first access to or use of the Service; (ii) your completion of the online Subscription on our Site; or (iii) your signature of a Sendigram Order Form for our Professional plan.
1.3 User agreement. To use our Services, You must agree to these Terms by clicking the "Sign Up", "Continue", or "Get Started" button during the registration. You agree to use our Services for the sole purpose of your professional activity, excluding any use as a consumer or for non-professional purposes. If You do not agree with these Terms, You must immediately cease all access to and use of the Services.
1.4 Legal age. By accepting these Terms, You hereby declare that You are at least 18 years of age, that You possess the legal right and ability to enter into these Terms, and that You are authorized to act on behalf of the legal entity that You represent and to bind such legal entity to these Terms.

The terms used in these Terms are defined as follows:

"Account" means the dedicated, individualized online environment created upon registration, through which the Account Owner and any authorized Additional Users access and utilize the Sendigram Application and Services.

"Account Owner" means the primary individual or legal entity who registers the Account, holds ultimate administrative control and billing responsibility for the Subscription, and has the authority to grant or revoke access for Additional Users.

"Additional User" means an individual authorized by the Account Owner to access and use the Application. Each Additional User is granted a personal and individual right to use the Application. The Account Owner is the primary user and does not count towards the Additional User limit. Each plan includes a specific limit on the number of Additional Users per Sendigram Account. Certain plans may allow You to purchase extra user seats, within the limits detailed in Appendix 1.

"Affiliate" means any entity that directly or indirectly controls, is controlled by, or is under common control with a party to these Terms. For purposes of this definition, control means direct or indirect ownership or control of more than 50% of the voting interests of the subject entity.

"Application" means the suite of software, including our application programming interface(s) (API) and all technical infrastructures that are necessary to support and develop this suite of software, owned and/or operated by Us or our Affiliates or providers and/or delivered under the business name "Sendigram" and necessary to provide the Services. All releases will apply to You as part of our Services. A release may create, modify, or discontinue one or several feature(s) of the Services.

"Contact" means a natural person identified or identifiable from the information contained in a data line that You have uploaded on Sendigram's Application. A Contact is considered identified or identifiable when the data line contains Personal Data (such as email address, telephone number, surname/first name, or IP address). You solely determine which categories of Personal Data are associated with a Contact.

"Customer Content" or "Content" means input and output data, including metadata, generated directly or indirectly or co-generated by You through the use of the Services, excluding any assets or data owned or held by Us or any third party, in particular where such assets or data are protected by intellectual property rights or trade secrets.

"Documentation" means the documentation applicable to the Services available on our Site and the Sendigram help center articles and guidelines available at Sendigram's Site.

"Parties" means You and Us.

"Personal Data" has the meaning set forth in the Data Processing Agreement (Appendix 4).

"Services" means the features provided by Us and made available to You via the use of our Application, as detailed on the Site and in our Documentation. The Services depend on the type of plan to which You subscribe.

"Site" means the official Sendigram website where the Application is located and where all official information should be obtained.

"Subscription" means your purchase of a plan for a given duration and a given quota of electronic communications, as determined at the moment of your online Subscription.

"Usage Data" means data generated by the use and implementation of the Services and collected automatically by Sendigram, such as statistical data, performance data, analytical data, metadata, and logs.

"User" means You or any other natural or legal person authorized to use our Services under your authority.

3.1 Account creation. The use of our Services requires the creation of an online Account. You are responsible for the accuracy of the information You provide and undertake to promptly update your information or notify Us without delay of any changes. You are permitted to create and use only one (1) Account.
3.2 Account protection. You must take all necessary and reasonable measures to maintain the confidentiality of access to your Account. In the event of fraudulent or unauthorized use of your Account, You undertake to immediately notify Us and change your password without delay.

Please note that We will store messages sent through our Application on your behalf. Your Customer Content will be maintained as long as You correctly set up and update your Account. We will endeavor to protect the integrity, confidentiality, and administrative, physical, and technical security of your Customer Content.

3.3 Account responsibility. Any liability and costs resulting from the unauthorized use of your Account or Customer Content will be borne by You, unless Sendigram is directly at fault. We will not be liable for any direct or indirect damages resulting from the use of your Account by a third party, with or without your permission. We may suspend your Account if We observe any unusual or unauthorized use by a third party. Following the suspension, We will make commercially reasonable efforts to investigate your claim based on additional evidence We may require from You, but We do not guarantee that We will reassign or reactivate the Account. In such cases, the Account will remain suspended and will ultimately be deleted, along with all Customer Content, in accordance with our deletion policies.
3.4 Account inactivity. We may terminate your Account if You have not logged into the Application or performed any action or command within the Application for a period of twelve (12) months or more. We will notify You via email of the upcoming deletion of your Account, and You will be given a reasonable period to log in. If You have not logged into the Application before the end of the inactivity period, your Account and its contents will be automatically and permanently deleted. Following such deletion, no restoration of the Account or associated data will be possible.

4.1 General. By subscribing to our Services, You agree to pay the price corresponding to the selected Services, applicable to your country of residence, for the entire duration of the Subscription. When choosing a plan, You may purchase either a monthly or an annual Subscription. By purchasing a paid plan, You agree to pay the applicable recurring fees for the duration of your Subscription.

Your Subscription begins when You successfully complete the subscription process in the Sendigram Account. Subscriptions renew automatically for successive periods of the same duration unless You cancel the Subscription before the applicable renewal date. You may cancel your Subscription at any time through the Paddle subscription management portal. Cancellation will prevent the Subscription from renewing at the end of the then-current billing period.

The prices displayed on our Site are stated in the currency applicable to your geographical area, exclude taxes and duties, and do not include VAT. Additional charges and VAT, where applicable, will be added to the invoice in accordance with your country of residence and applicable laws and regulations.

If You require Us to create or update an account on a specific third-party invoicing platform to process your payment, or if You are a public or governmental entity that exclusively accepts payment via wire transfer, You must obtain our prior written approval. If We agree to such an exception, We reserve the right to charge an additional annual administrative fee of USD 100.

4.2 Plan levels. The prices of the Services will be paid at the time of subscription in the currency in which they were invoiced, in accordance with the plan level and financial conditions detailed on the Site. Our pricing metrics are detailed in the Service-Specific Terms (Appendix 1). You can downgrade your plan level before the end of your Subscription. If You upgrade your plan during your Subscription, We will issue an additional invoice corresponding to the pro-rated amount for the remainder of the ongoing Subscription.
4.3 Payment method. You are required to hold and maintain a valid payment method, such as a credit card, a PayPal account, or direct debit (SEPA). If You intend to pay via direct debit, your first payment must be made by credit card. You authorize Us to charge your payment method for the amount due to Us for the Services, any applicable sales and use taxes, and any late fees or interest. If your card is replaced for any reason, You authorize Us to charge such replacement card for the amount due to Us. You represent and warrant that You are authorized to use such card, that the card may be charged as agreed herein, and that such charges will not be rejected. You agree that You are solely liable for any payment or credit card fraud, abuse, or unauthorized use by You or others.
4.4 Payment periods. The payment for your monthly or annual Subscription will be automatically renewed on each anniversary date, based on the date of your first payment. Payment is upfront and due as soon as You subscribe to a paid plan.
4.5 Third-party payment providers. We use PCI DSS-compliant third-party payment providers to process payments, including Paddle, PayPal, Stripe, or other providers. Your payment is subject to the terms and conditions imposed by the third-party payment provider, and We are not liable in this regard.
4.6 Price change. We reserve the right to revise our prices on the anniversary date of your Subscription. In such cases, We will notify You of the new applicable prices at least thirty (30) days before their effective date. If You do not agree to this price change, You may choose to terminate your Subscription and/or close your Account.
4.7 Suspension or termination. We may suspend your access or close your Account without prior notice if We remain unable to successfully charge your payment method for the fees applicable to the Services.

5.1 Right to use the Services. As a customer of the Services, on condition that your registration and Subscription are current and paid for, We grant You a limited, non-exclusive, revocable, non-transferable, and non-sublicensable right to access and use the Services and our information and materials provided through the Services solely for the duration of your Subscription. Please read "Appendix 1: Service-Specific Terms of Service" to learn more about the conditions of availability of our Services in your Account. As a User, You may receive an invitation from our agencies and partners that may offer You their expertise. It is solely up to You to accept or refuse their invitation, and You are fully responsible for granting them a right of access to your Account, as well as managing access, rights, and permissions within your Account.

You and the Users under your responsibility may only use the Services in accordance with these Terms and, in particular, our Documentation and Acceptable Use & Anti-Spam Policy. The permissions granted herein will terminate automatically if You or the Users under your responsibility breach any of these Terms. You undertake not to use, in any way whatsoever, the Site, the Application, the Services, or any of the elements set out above for purposes other than those provided for herein.

5.2 Compliance with applicable regulations. You warrant that You will comply with the regulations applicable to You and your activity, in particular all applicable data protection, anti-spam, anti-phishing, and digital marketing regulations, when sending emails or using any other electronic channels of communication to reach recipients. You will not access or use the Application and/or the Services if You are legally prohibited from doing so under the laws of the country in which You are a resident or from which You access or use the Services. If your professional activity or sector is regulated or subject to a certification or authorization requirement, it is your sole responsibility to verify that Sendigram meets all the conditions required to comply with applicable standards, laws, and regulations. Sendigram does not hold any certification that is not expressly described on the Site.

You agree to cooperate with Us in any fraud investigation and to use any fraud prevention measures We prescribe, as set forth from time to time at our sole discretion. You also agree that We may report any unlawful activity to appropriate government authorities and that You will cooperate with any investigation conducted by any government authority that has jurisdiction over Us or your organization.

5.3 Geographical restrictions. You guarantee that You will not use and/or access the Services in countries with legislation restricting data storage and/or localization, as described in Section 18, and that You will bear all liability and costs resulting from any breach of such legislation.
5.4 Prohibited use. The use of the Application and Services is strictly personal and shall not be leased, distributed, assigned, rented, or transferred to any third party.

Any attempt to access, without authorization, the Application, any other Accounts, computer systems, or other networks connected to a Sendigram server or any of the Services via hacking or any other method is prohibited.

You are strictly prohibited from violating or attempting to violate the security features of the Site, the Application, and the Services, such as by: (i) accessing data not intended for You or logging onto a server or an Account that You are not authorized to access; (ii) attempting to probe, scan, or test the vulnerability of a system or network, or to breach security or authentication measures unless We expressly authorize You to do so in writing; (iii) attempting to interfere with service to any user, host, or network, such as by means of submitting a virus to the Services, overloading, "flooding", "spamming", "mail bombing", or "crashing"; or (iv) sending unsolicited electronic communications that You are not authorized to send, including promotions and/or advertising of products or services, by forging any TCP/IP packet header or any part of the header information in any email.

You hereby agree not to use any device, software, or routine to interfere or attempt to interfere with the proper working of the Site, the Application, and the Services, or any activity being conducted on the Site and the Services. You further agree not to use or attempt to use any engine, software, tool, agent, or other device or mechanism (including browsers, spiders, robots, avatars, or intelligent agents) to navigate or search the Site, the Application, and the Services, other than the search engine and search agents that We make available. If You breach our system or network security, You may face civil and criminal liability. We will investigate occurrences that may involve such violations. We may involve or cooperate with law enforcement authorities in prosecuting users who are involved in such breaches.

5.5 Service Level Agreement. You expressly understand and agree that the Application and Services are provided on an "as-is" and "as-available" basis, in accordance with our Service Level Agreement in Appendix 2. We make no warranties regarding the Application and Services whatsoever, for Us and on behalf of our Affiliates, licensors, and service providers, other than the above. We make no warranty that the Application and Services will be uninterrupted, timely, secure, error-free, or virus-free.
5.6 Documentation. You acknowledge and accept that your use of the Services will comply with the guidelines detailed in the help center available on the Site. The Documentation may be updated from time to time, and You are advised to consult the Documentation on a regular basis.

You acknowledge that any use of the Services in breach of the guidelines provided in the Documentation might affect the performance of the Services and/or modify their pricing.

5.7 Maintenance and planned outages. We may limit or suspend the Services from time to time to perform scheduled maintenance, to stop a breach of these Terms, to prevent material harm to Us, You, or other users, or as required by applicable law. We will endeavor to give You reasonable prior notice of any limitation or suspension so that You can plan around it or address the issue that has prompted Us to take such action. There may be some situations, such as security emergencies, where it is not practicable for Us to give such prior notice. We will use commercially reasonable efforts to narrow the scope and duration of the limitation or suspension as is needed to resolve the issue that prompted such action.
5.8 Evolution of the Services. Sendigram reserves the right to modify or upgrade the Services, in particular for legal or technological reasons, in order to create new features, improve existing features, or consider the needs of its customers. If a change is likely to deprive You of one or more of the initially proposed features, Sendigram will make commercially reasonable efforts to provide equivalent features. If You subscribed to our free Services, We reserve the right to discontinue all or part of the Services at any time, without prior notification. Such changes may not, however, affect your ability to export your data.

6.1 AI Features. Sendigram uses tools, features, and functionalities that are powered by artificial intelligence, machine learning, or similar technologies to provide You with some features of the Services (the "AI Features"). This section governs your use of the AI Features within the Services and does not apply to AI-powered systems, tools, features, and functionalities that are powered by third-party products or sites.
6.2 Sendigram AI Infrastructure. The Sendigram artificial intelligence infrastructure (the "AI Infrastructure") is powered by an AI system consisting of (i) algorithms developed by Sendigram internally and (ii) AI models created by third-party service providers (the "Third-Party AI Providers"). Sendigram provides some elements of the AI Features through the technologies and tools supplied by these Third-Party AI Providers (the "Third-Party AI Products"). You acknowledge that your Input and Output, including Content, will be shared with and processed by the Third-Party AI Providers, as listed in the List of Subprocessors in the Data Processing Agreement, to enable your use of the AI Features, for content moderation, and for other business purposes consistent with these Terms.
6.3 Input and Output. You are responsible for any text, images, or other content You upload or submit to the AI Infrastructure ("Input") as well as the text, images, or other content generated by the AI Infrastructure based on your Input ("Output"). You will ensure that your use of the AI Infrastructure, including Input and Output, complies with these Terms and with applicable law. You acknowledge that: (i) although Input may be Content, You should not include any information in the Input that You are restricted from using or sharing (for example, third-party Confidential Information); (ii) Output will not be Confidential Information; (iii) Output may not be accurate or reliable, and You should independently review all Output before using or sharing it; and (iv) Output may not be unique across users of the Application, and the AI Infrastructure may generate the same or similar Output for You or a third party.
6.4 Ownership. Sendigram and, as the case may be, the AI Third-Party Providers retain all ownership in and to the AI Infrastructure, including but not limited to all algorithms or models and the aggregated results of developing the AI Infrastructure. As between Sendigram and You, and to the extent permitted by applicable law, You (i) retain all ownership rights in Input and (ii) own all Output. Sendigram hereby assigns to You all right, title, and interest, if any, in and to the Output unless a third-party user of the Sendigram Services has generated similar or identical Output. Responses that are requested by and generated for other users are not considered your Output. Sendigram's assignment of Output to You does not extend to other users' Output.
6.5 Sendigram's obligations. Sendigram only provides an AI Infrastructure that presents minimal or limited risks in accordance with applicable AI regulations. The entire AI Infrastructure is designed to serve the limited intended purpose(s) described in the Documentation. Sendigram does not currently develop or place a general-purpose AI model on the market under its own name. Certain Sendigram AI Features rely on general-purpose AI models provided by third parties. Sendigram may act as the provider of the resulting Sendigram AI system and comply with the obligations applicable to that role. The Sendigram AI Infrastructure does not include or create high-risk AI systems. The AI Features are not intended to make or support decisions concerning employment, creditworthiness, access to essential services, education, law enforcement, migration, healthcare, or biometric identification. You must not use the AI Features for these purposes unless expressly authorized by Sendigram in writing and supported by a separate compliance framework. You acknowledge that Sendigram does not apply any human oversight, especially to the Outputs that have been generated by your use of the AI Infrastructure. Sendigram may, however, provide instructions for the use of the AI Infrastructure in the Documentation, which You must comply with while using the AI Infrastructure. Sendigram's AI policy requires the implementation of technical safeguards before approving and deploying the AI Infrastructure in the Services. When Sendigram relies on an AI Third-Party Provider to provide the AI Infrastructure, the safety components implemented by the AI Third-Party Provider will also apply to the Sendigram AI Infrastructure.
6.6 Your responsibility. You must use the AI Infrastructure in accordance with these Terms and the AI system's intended purpose and will make your best efforts to prevent any reasonably foreseeable misuse of the AI Infrastructure. You are also responsible for verifying that your Inputs and Outputs are lawful and comply with these Terms and with each AI Infrastructure's intended purpose. You acknowledge that no special categories of Personal Data should be used in connection with the AI Infrastructure, considering their intended purposes.
You warrant that the following types of data will not be used as Input. If such data is used as Input, Sendigram disclaims any liability for its misuse by third parties:

medical data;
government identifiers;
payment details;
passwords;
API keys;
biometric and other sensitive information.

6.7 Admin Center. The Application's "Admin Center" enables You to manage AI infrastructure. However, AI-driven dashboards and embedded fraud/spam detection systems are essential components and cannot be disabled. Sendigram may use Content and Usage Data to enrich and train its AI Infrastructure for the sole purpose of improving the performance of the Services provided to You, in particular to prevent fraud, phishing, and unsolicited electronic communications, and to secure the Services, subject to prior written consent from You.
6.8 Your rights. You have the right to delete, modify, or request the deletion of any data processed by the AI Infrastructure via the Admin Center or by submitting a written request to Sendigram in the event You unintentionally include personal or sensitive information in your Input. However, You remain solely responsible for controlling your Input, and Sendigram disclaims all liability arising from the use of such data.

7.1 Authorization and representations. The Services may contain features that allow You to submit Customer Content. You represent that You are the owner of any Customer Content You submit and/or have the necessary rights, licenses, and authorizations to distribute it. By submitting your Customer Content, You hereby grant Us an irrevocable, worldwide, fully paid-up, royalty-free, non-exclusive, unlimited license, including the right to sublicense and assign to third parties, and the right to use and disclose your Customer Content, in order to provide You with the Services during the performance of these Terms. To the extent permitted by applicable laws, You hereby covenant not to assert against Us any moral rights You may have in any of your Customer Content.
7.2 Role of Sendigram. We are not responsible for any Customer Content, including its content, integrity, and availability. We have no obligation to monitor Customer Content within the Services. You are responsible for regularly saving and storing Customer Content in a secure hosting infrastructure to prevent any loss. We may remove any Customer Content and interrupt or restrict the Services at any time if such Customer Content is unlawful, abusive, or otherwise in breach of these Terms or our Acceptable Use & Anti-Spam Policy.
7.3 Retrieval. You can download and recover your Customer Content in an interoperable format at any time for the duration of your Subscription. If your Account is terminated for any reason, your Customer Content will be immediately and permanently deleted.
7.4 Logs deletion. If We consider that your use of the Services generates a high number of events and logs (the "Logs") that might overload our platform, We will delete those Logs, as well as the statistics and reports that rely on them, at least every 24 months following their creation. These data deletions may affect the availability of the statistics and reports generated by the Services up to the date of deletion. We therefore advise You to regularly download such data.

8.1 Your intellectual property rights. You authorize Us to use your name, brand, and visual identity solely for the purpose of performing the Services.

You warrant to Us that You: (i) have full power and authority to exploit and grant intellectual property rights attached to Customer Content, and that these rights are in no way assigned, hypothecated, encumbered, or in any way vested in a third party; (ii) have not and will not, by assignment to a third party or by any other means, do anything likely to compromise the use of the intellectual property rights attached to Customer Content; (iii) are not a party to any litigation or proceedings pending or about to be brought in relation to the intellectual property rights attached to Customer Content.

8.2 Our intellectual property rights. Unless otherwise expressly indicated, the information contained on the Site and within the Services or Application, as well as any updates or improvements thereto, are owned, controlled, or licensed by Us or our Affiliates or licensors. This includes, but is not limited to: (i) all platforms, software, application programming interfaces (API), and proprietary technology; (ii) products, services, and related documentation available within the Services; (iii) all features, functionality, images, illustrations, designs, photographs, video clips, text, graphics, icons, software code, and other materials; and (iv) all names, logos, taglines, trade dress, copyrights, patents, trademarks, or other intellectual property (collectively, the "Contents"). Contents not owned or controlled by Us are the property of their respective owners. The Contents are protected by applicable intellectual property rights regulations. No license to or regarding any of the Contents is granted in connection with your use of the Services, except as specifically set forth in these Terms or the applicable license terms pertaining to some of our Services.

You must not copy, reproduce, make derivative works from, distribute, republish, download, decompile, reverse engineer, scrape, display, perform, post electronically or mechanically, transmit, record, or mirror any of the Contents without our prior written permission.

Our registered and unregistered trademarks, including but not limited to the "Sendigram" word mark, as well as Sendigram graphics, logos, page headers, button icons, scripts, service names, taglines, trade dress, and other trademarks, may not be copied, imitated, or used, whether in whole, in part, or in modified form, without our prior written permission. You may not use any meta tags or any other hidden text utilizing any of our name, trademarks, or product names without our prior written permission. Third-party trademarks and service marks used on our Services are the property of their respective owners.

8.3 Feedback. You may from time to time provide Us with materials, communications, suggestions, comments, improvements, ideas, or other feedback related to the Services ("Feedback"). In consideration of your use of the Services, You hereby grant and assign to Us all right, title, and interest in and to any Feedback. Any intellectual property rights relating to the Feedback are assigned to Us worldwide for the legal duration of these rights. By providing Feedback, You represent that the Feedback is not subject to any intellectual property claim by a third party or any license terms which would require products or services derived from that Feedback to be licensed to or from, or shared with, any third party.
8.4 Reports. We may, from time to time, anonymize the Personal Data ("Anonymized Data") that We collect directly from You and combine it with others' Anonymized Data in order to generate statistics, reports, and studies. We may share these reports and studies with our Affiliates and use them for internal purposes. Any such reports or studies are our sole and exclusive property.
8.5 Third-party rights. We take the rights of others very seriously. If You have any concerns that Customer Content, or other content made available by third parties via the Services is improper or infringing, please contact Us using the Site's support section. If You would like the reported content removed, please provide:

A detailed description of the content, including where it is located;
A statement that You have a good faith belief that the third party does not have permission to use the content;
A statement that You are the owner, or exclusive agent of the owner, of the content;
Your contact information, including telephone number and physical address; and
A signed and sworn statement that your statements above are true.

9.1 Indirect damages. Except in case of force majeure, We will provide the Services in accordance with these Terms. We will not be held liable for any indirect damages, and compensation for indirect damages is strictly excluded.

Indirect damages include, but are not limited to, loss of data, time, profits, turnover, margins, orders, customers, operating loss, loss of revenue, business actions, as well as damage to brand image, loss of expected results, and third-party actions arising out of or related to these Terms, whether the action is based on contract.

9.2 Our liability. Our liability under these Terms will not exceed the price that You paid for the Services giving rise to the liability in the three (3) months preceding the first incident out of which the liability arose.

Notwithstanding the above, if You use the Services on the basis of a free plan, our liability under these Terms will be exclusively limited to the remedies set out in Appendix 2, excluding any other compensation.

In no case will We be held responsible in any capacity whatsoever in relation to third parties for any damage resulting from your use of the Services, notably resulting from your sending of electronic communications.

Your liability and our liability cannot be limited in case of death or personal injury, resulting from an act or negligence, fraud or fraudulent misrepresentation, or any other liability to the extent that such liability cannot be excluded or limited by law.

9.3 Third-party products. The Services and Application may include elements from third-party products and services, including software or other products that are subject to open-source licenses and governed by the contractual terms of such third parties. We are not responsible for the content, features, and functionalities of such third-party products and services. You can find a list of the main third-party products in Appendix 1.
9.4 Hyperlinks. Links to third-party websites from the Services and our Documentation are provided solely for your convenience. We are not responsible for the content of any other websites, nor do We make any representations about the content or accuracy of material on any other websites. The inclusion of any linked website within our Services does not imply our approval or endorsement. If You click through to another website, You do so at your own risk, and You will be subject to that website's privacy practices and applicable terms and conditions, and not ours. Any concerns regarding any such website, or a hyperlink thereto, should be directed to the website's owner or operator.
9.5 Warranty and limitation of warranty. We warrant that: (i) the Services will perform substantially in accordance with the Documentation and will be provided in a manner consistent with generally accepted industry standards; and (ii) We will not knowingly introduce any viruses or other forms of malicious code into the Services. The warranties described in this Section shall not apply to performance problems caused by: (i) factors beyond the control of Sendigram; (ii) any improper action or inaction by You or third parties under your control or authority; (iii) user data; or (iv) your operating environment or equipment. We make no representations or warranties regarding the suitability, reliability, availability, timeliness, security, accuracy, or completeness of the Services. The APIs may not be available at all times. To the extent permitted by law, the Services are provided "as is" and upon the terms specified in these Terms, without warranty or condition of any kind. We exclude all warranties and conditions of any kind, whether express or implied, with respect to the Services, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title, and non-infringement. In particular, We do not warrant that the Services will operate without interruption or malfunction, that they will be free from defects or errors that can be corrected, or that they are compatible with any hardware or configuration other than those expressly approved by Us in the Documentation.

10.1 Content. You are solely responsible for the content of electronic communications sent to your Contacts via the Application.
10.2 Third-party claims. You guarantee Sendigram against any damage, claim, and recourse of third parties resulting from any breach of these Terms, the Acceptable Use & Anti-Spam Policy, or any legal or regulatory provision, whether by You or any third party acting on your behalf or under your responsibility.
10.3 Indemnification. You will indemnify, defend, and hold Us harmless, at your expense, against any third-party claim, suit, action, or proceeding (each, an "Action") brought against Us (and our officers, directors, employees, agents, service providers, and licensors) by a third party to the extent that such Action is based upon or arises out of: (i) the unauthorized or illegal use of the Services by You; (ii) your breach of these Terms or our Acceptable Use & Anti-Spam Policy; (iii) your use of third-party products or services; or (iv) the unauthorized use of the Services by any other person using your information or Account.

We will: (i) notify You in writing without undue delay after becoming aware of any such claim; (ii) give You sole control of the defense or settlement of such a claim; and (iii) provide You (at your expense) with any and all information and assistance reasonably requested by You to handle the defense or settlement of the claim. You will not accept any settlement that: (i) imposes an obligation on Us; (ii) requires Us to make an admission; or (iii) imposes liability not covered by these indemnifications or places restrictions on Us without our prior written consent.

10.4 No sensitive data. You acknowledge that the Services have not been designed to collect, process, or manage sensitive data within the meaning of Article 9 and/or Article 10 of the GDPR, and accordingly, You agree not to use the Services to collect, manage, or process any sensitive data.
10.5 Prerequisites. You must have a functional device and a stable, high-performance internet connection in order to access the Application and use the Services. We do not guarantee the transmission of your electronic communications, content, messages, or other information transmitted as part of the Services.

Neither We nor You will be held liable if the non-performance or delay in the performance of our respective obligations—excluding any obligation to pay any Subscription fees—described in these Terms results from a force majeure event.

Force majeure means any external event that is unforeseeable and impossible to avoid and which prevents Us or You from performing our obligations, as interpreted by the Australian courts.

Expressly, the following will be considered cases of force majeure, in addition to those usually considered by the case law of the Australian courts, without limitation:

Wars, armed conflicts, riots, insurrections, sabotage, or acts of terrorism;
General or partial strikes (internal or external to the company) affecting a supplier or a national operator, lockouts, blockades of transport facilities, or procurement for any reason whatsoever;
Natural disasters resulting in the destruction of infrastructure, such as fires, storms, floods, and water damage;
Governmental or legal restrictions, legal or regulatory changes to forms of marketing, or cases involving the suspension, cancellation, or revocation of any authorization by any relevant competent authority;
Interruptions of Sendigram's network, or that of its subcontractors or suppliers, as a result of computer breakdowns, the blocking of telecommunications means (whether resulting from external attacks or interruptions to services by the access provider or other persons), and any other event not attributable to Sendigram that prevents the normal performance of the services provided; and
Interruptions of the power supply for more than 24 hours.

As used herein, "Confidential Information" means all confidential and/or proprietary information of a party (the "Disclosing Party") disclosed to the other party (the "Receiving Party"), whether orally or in writing, that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure, including, but not limited to, business and marketing plans, technology and technical information, screen and product designs, and business processes. Confidential Information shall not include any information that: (i) is or becomes generally known to the public without breach of any obligation owed to the Disclosing Party; (ii) was known to the Receiving Party prior to its disclosure by the Disclosing Party without breach of any obligation owed to the Disclosing Party; (iii) was independently developed by the Receiving Party without breach of any obligation owed to the Disclosing Party; or (iv) is received from a third party without breach of any obligation owed to the Disclosing Party.

The Receiving Party shall not disclose or use any Confidential Information of the Disclosing Party for any purpose outside the scope of these Terms, except with the Disclosing Party's prior written approval.

Each party agrees to protect the confidentiality of the Confidential Information of the other party in the same manner that it protects the confidentiality of its own proprietary and confidential information of like kind, but in no event shall either party exercise less than reasonable care in protecting such Confidential Information. The Receiving Party shall, except as otherwise authorized by the Disclosing Party in writing, limit access to Confidential Information of the Disclosing Party to those of its and its Affiliates' employees, contractors, and agents who need such access for purposes consistent with these Terms and who have signed confidentiality agreements with the Receiving Party containing protections no less stringent than those herein for the protection of Confidential Information. The Receiving Party shall be responsible for any use or disclosure of Confidential Information by any of its and its Affiliates' employees, contractors, or agents.

You acknowledge that You have read and understand our Privacy Policy, which is incorporated into these Terms by this reference. By using the Services, You represent and warrant that: (i) any information You submit to Us is truthful and accurate; (ii) You will maintain the accuracy of that information; and (iii) your use of our Services does not violate any applicable law, rule, or regulation relating to data protection.

The processing of Personal Data as part of the Services is described in our Data Processing Agreement, available in Appendix 4.

These Terms are in force for as long as your Subscription is active. Depending on your plan, or on your choice at the moment of subscription, the duration of your Subscription might be monthly or annual. In both cases, You are subscribing to a fixed-term contract.

Each party to these Terms is entitled to terminate the Terms without notice and with immediate effect if the other party becomes the subject of a petition in bankruptcy or any other proceeding relating to insolvency, cessation of business, liquidation, or assignment for the benefit of creditors. Each party is entitled to terminate the Terms for cause upon thirty (30) days' written notice to the other party of a material breach if such breach remains uncured at the expiration of such period. For free Services, each party is entitled to terminate these Terms at any time, provided that We leave You the opportunity to download the exportable Customer Content and Usage Data.

Upon expiration, your Subscription will automatically renew for subsequent terms equal to your prior Subscription's duration. If your current Subscription is monthly, You can always subscribe to an annual plan before the renewal date.

These Terms are non-cancellable by You prior to the end of your ongoing Subscription, and We will not provide refunds for any prepaid or unused fees.

15.1 Suspension and Account termination. You are entitled to close your Sendigram Account directly from the Application or by contacting our support team at any time. This Account termination will not terminate your ongoing Subscription, which means that: (i) any fees You have paid for the Services remain non-refundable; and/or (ii) any fees still due under your ongoing Subscription will remain payable to Us, even if You did not use or exhaust your acquired quotas (such as email allowances or AI Credits), Additional Users, or Pay-As-You-Go services prior to the termination of these Terms.
15.2 Suspension and termination for cause. In the event of your non-compliance with these Terms, including our Data Processing Agreement, Acceptable Use & Anti-Spam Policy, or any legal or regulatory provision, We reserve the right to suspend or close your Account and terminate these Terms with immediate effect without prior notice. In such events, We will not provide refunds for any prepaid Subscription fees or unused quotas.
15.3 Other cases. If We terminate these Terms and close your Account because your actions may negatively affect our company or our customers, We will notify You with thirty (30) days' written notice. We may suspend, limit, or terminate free Services for any reason at any time without notice.
15.4 Export features (portability). Our Application's features allow You to retrieve exportable Customer Content and Usage Data (as described in Appendix 1) at all times during your Subscription without additional costs.

These Terms are governed by the laws of Australia.

Any dispute between You and Us arising from questions as to the validity, interpretation, performance, termination, or breach of these Terms will be submitted to the Supreme Court of NSW, including in the event of summary proceedings, guarantee claims, and/or multiple defendants.

17.1 Terms update. We may update these Terms or any other policy applicable to our Services. These Terms, our Acceptable Use & Anti-Spam Policy, and Privacy Policy, as well as their changes and our offer updated with the latest changes, can be consulted at any time on the Site. In the event of a material change to our Services, We will inform You by email or directly within your Sendigram Account.
17.2 Language. Only the English language version of these Terms is binding.
17.3 Severability. The invalidity or unenforceability of any provision of these Terms shall not entail the invalidity of the Terms in their entirety, provided, however, that the balance and general intent of the agreement can be safeguarded.
17.4 Export controls. Provided the Services are subject to U.S. and EU export jurisdiction, You must comply with all EU and U.S. export control laws and regulations, as well as international and national laws applicable to our Services. You warrant that the organization You represent is not based in Cuba, Iran, North Korea, Syria, the Russian Federation, or any other territory that is subject to an EU/U.S. government embargo or international sanction, and that it is not listed on any U.S. government list of prohibited or restricted persons.
17.5 Assignment. You may not assign, delegate, or transfer these Terms, your rights or obligations hereunder, or your Subscription or other use of the Services in any way (by operation of law or otherwise) without our prior written consent. Any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. We may transfer, assign, or delegate these Terms and our rights and obligations without your consent. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their respective successors, and permitted assigns.
17.6 Independence. No joint venture, partnership, employment, or agency relationship exists between You and Us as a result of these Terms or your use of the Services.
17.7 Publicity. You hereby consent that We may publicize the existence (but not the terms) of our commercial relationship as a part of our promotional and marketing activities from time to time. In this regard, You hereby authorize Us to mention your business name and logos as trade references on any communication medium, including social media. This authorization is granted free of charge. You may terminate this authorization at any time by contacting Us using the Site.
17.8 Notices. All notices intended for Us shall be transmitted to the designated Sendigram address specified within these Terms, and such notice shall be deemed duly delivered upon the date of actual receipt. All notices intended for You shall be transmitted by specific electronic notification to the email address on file within your Sendigram account information. Alternatively, We may effectuate electronic notice by way of a general notification within the Application. You are under a continuing obligation to ensure the accuracy and currency of all your Account information.
17.9 Limitation period. You are entitled to initiate any claim relating to the Terms or the provision of the Services within a period of one (1) year from the date on which: (i) You became aware of the facts giving rise to the claim; or (ii) You should have become aware of the facts enabling You to exercise the claim.
17.10 Entire agreement. These Terms, along with the agreements incorporated by reference herein, constitute the entire agreement between You and Us with respect to your access to and use of the Services and your Account and supersede all prior or contemporaneous communications and proposals, whether oral or written, between You and Us with respect thereto, and with respect to your use of the Services, supersede the terms of any other party's terms and conditions.
17.11 Survival. The termination of these Terms shall not affect the clauses relating to the settlement of disputes or those intended to be effective even in the event of termination. In particular, the provisions concerning definitions, financial conditions, prohibited use, term and termination, intellectual property, confidentiality, indemnification, governing law and jurisdiction, and miscellaneous matters, as well as those relating to liability and warranties, will continue to apply after the termination of these Terms.

18.1 Sendigram does not conduct business, sell, or license software or services in the following countries:

Afghanistan
Belarus
Burma (Myanmar)
Central African Republic
Cote d'Ivoire (Ivory Coast)
Crimea, Donetsk, Luhansk (regions of Ukraine)
Cuba
Democratic Republic of the Congo
Eritrea
Guinea-Bissau
Iran
Iraq
Lebanon
Liberia
Liberia (Former Regime of Charles Taylor)
Libya
Mali
Nicaragua
North Korea
Russian Federation
Rwanda
Sierra Leone
Somalia
Sudan
Syria
Venezuela
Yemen
Zimbabwe

18.2 Sendigram reserves the right to change this list of countries without prior notice, at its sole discretion, based on the current status of sanctions and restrictions imposed by various jurisdictions.

The Service-Specific Terms aim to highlight important information regarding the use of our different Services, depending on your current plan. The Service-Specific Terms form part of the Terms and are hereby incorporated therein.

If You are using any of the Services described below, the terms corresponding to those product(s) apply to your use.

We periodically update this Appendix, so please check back here for current information.

For paid plans, the withdrawal of your payment method will result in the immediate suspension of your use of the Services. You can upgrade or downgrade your plan at all times directly in your Sendigram Account. An upgrade means the order of additional quotas of electronic communications for various channels (emails, AI Credits), Additional Users, or features.

In addition to the terms set out above, the following rules apply to refunds and chargebacks associated with your Sendigram Account:

You may request a full refund within thirty (30) calendar days after the initial payment for, or renewal of, a Sendigram Subscription, provided that no more than 10% of the email quota allocated in connection with that payment has been used at the time of the refund request.
You may request a partial refund equal to 50% of the relevant payment within thirty (30) calendar days after the payment or renewal date, provided that more than 10% but less than 50% of the corresponding email quota has been used at the time of the refund request.
No refund will be provided if 50% or more of the email quota allocated in connection with the relevant payment has been used, or if more than thirty (30) calendar days have passed since the payment or renewal date, except where otherwise required by applicable law.
If a payment is subject to a chargeback or is identified as fraudulent, Sendigram may immediately suspend your Account while the matter is investigated. If the chargeback or fraudulent transaction is confirmed or remains unresolved, Sendigram may permanently terminate the Account without the possibility of restoration. Any remaining email quotas and AI Credits may be canceled, and Account data may be deleted within fifteen (15) business days, subject to applicable law and Sendigram's data-retention obligations.
Sendigram is not responsible for chargebacks or payment disputes initiated in error by You or your bank. The status and outcome of a disputed payment may be determined by the applicable payment processor, card network, or financial institution.

In addition to the terms outlined above, the following policies apply specifically to the purchase and use of internal usage units within Sendigram (the "AI Credits"):

Non-refundability: AI Credits are non-refundable once purchased.
Fraud prevention: Sendigram may temporarily limit access to larger AI Credit packages for fraud prevention purposes.
Payment disputes: If a chargeback or payment dispute is opened, Sendigram reserves the right to deduct the disputed AI Credits from the Account balance.
Account restrictions: Sendigram may restrict future AI Credit purchases if payment fraud, suspicious activity, or misuse of the platform is detected.
Usage charges: AI Credits are consumed and charged once an AI operation is successfully completed, regardless of whether You choose to utilize the generated result.

Quotas of emails, AI Credits, and Additional Users are only activated in your Account once You have paid for your Subscription. In case of late payment, You can still access your Account but are not able and not authorized to use the Services, in particular to use your quotas to send electronic communications.

For billing purposes, the quotas are counted as follows:

For the email channel: We count the number of emails available to be sent from our Application. Each email sent by You counts as one unit, regardless of the content or the actual delivery of the email. Your sending capacity will be suspended if/when You reach the sending limit specified in your Subscription.
For AI Credits (when available on your plan): We count the number of AI Credits that are physically used during an interaction with the Sendigram AI Infrastructure. The AI Credits limit described in the Pricing and Features pages applies per campaign.

Email quotas are allocated on a monthly basis. Each monthly allowance period starts on your Subscription anniversary date and ends on the day before the corresponding date in the following month. At the beginning of each new allowance period, your email quota is renewed, and any unused emails from the previous period expire and do not carry over. This rule applies regardless of whether your Subscription is billed monthly or annually.

The following plans and packages are subject to their own feature restrictions, which may depend on the level of the plan that You have purchased. Please read the features description and the pricing page carefully.

Sendigram offers a Free Trial and the paid subscription plans SendiStart, SendiPro, and SendiMax. The features, usage limits, email allowances, number of Users, billing periods, and fees applicable to each plan are specified on the Pricing page and in the billing section of your Account.

Paid plans are recurring subscriptions billed monthly or annually, depending on the billing period selected by You. AI Credit packages are separate, one-time purchases and are not recurring subscriptions unless expressly stated otherwise at the time of purchase.

You are responsible for selecting a plan and monthly email allowance appropriate for your intended use. If You reach your email allowance or another applicable usage limit, the affected feature may become unavailable until the allowance is renewed or You purchase additional capacity or upgrade your plan.

Free Trial. The Free Trial provides temporary access to selected SendiStart features and includes an allowance of 10,000 emails, 10 AI Credits, and one Additional User in addition to the Account Owner. The duration of the Free Trial and any additional restrictions are displayed when You register and in your Account.

When the Free Trial expires, access to some or all features may be restricted until You purchase a paid Subscription. Unused trial allowances have no monetary value and cannot be exchanged, transferred, or refunded.

SendiStart. SendiStart provides access to Sendigram's core email marketing features, including contact management, the Email Builder, email templates, email campaigns, automations, pre-send campaign checks, and essential statistics.

The plan includes 10 AI Credits and allows one Additional User in addition to the Account Owner. The applicable monthly email allowance is selected by You when purchasing the Subscription.

SendiPro. SendiPro includes the core features available under SendiStart, together with additional functionality such as the campaign calendar, pre-built automation templates, notifications, and expanded team access.

The plan includes 30 AI Credits and allows up to five Additional Users in addition to the Account Owner. The applicable monthly email allowance is selected by You when purchasing the Subscription.

SendiMax. SendiMax includes the features available under SendiPro, together with Sendigram's advanced statistics and AI-powered functionality, including the AI Assistant, campaign and automation creation assistance, statistical analysis and predictions, trend analysis, segment creation, metric comparisons, ratings, and recommendations.

The plan includes 50 AI Credits and allows up to ten Additional Users in addition to the Account Owner. The applicable monthly email allowance is selected by You when purchasing the Subscription.

Email allowances. Each paid Subscription includes the monthly email allowance selected by You during purchase. Available allowances and their corresponding fees are displayed on the Pricing page and may vary depending on the selected plan and billing period.

Unused emails expire at the end of each monthly allowance period and do not carry over to the following period. If You exhaust your allowance, You may purchase additional emails or change your Subscription, where these options are available.

AI Credit packages. AI-powered operations consume AI Credits. The number of AI Credits required depends on the feature used and may vary by operation, as described in the Documentation or displayed in the Services before the operation is confirmed.

Sendigram currently offers the following AI Credit packages:

Small: 500 AI Credits;
Medium: 2,000 AI Credits;
Large: 5,000 AI Credits;
XLarge: 15,000 AI Credits.

The current price of each package is displayed on the Pricing page or at checkout. AI Credit packages are purchased separately from your Subscription, are not recurring purchases, and do not increase your monthly email allowance.

Purchased AI Credits do not expire solely due to the passage of time and remain available in your Account until used, subject to these Terms. The availability of a feature does not guarantee that You have sufficient AI Credits to use it. If your AI Credit balance is insufficient, You may be required to purchase an additional package before completing the relevant operation.

Depending on your plan, the features listed in the Features page may be either included in the plan, available as an add-on, or available if You upgrade your plan. Each feature is described in the Documentation. Here is an overview of the main Sendigram features:

Email campaigns. Create, schedule, send, and manage email campaigns to your Contacts. Campaign tools may include audience selection, personalization, testing, scheduling, and pre-send checks.

Automations. Create automated email workflows triggered by contact actions, events, conditions, or selected schedules. You can use pre-built templates or configure your own triggers, delays, conditions, and actions.

Statistics. View and analyze campaign and automation performance, including delivery, opens, clicks, bounces, unsubscribes, and other available metrics. Certain plans may also include advanced analytics, comparisons, predictions, insights, and recommendations.

Email Builder. Create emails using Sendigram templates, the drag-and-drop editor, HTML tools, or available AI Features. You can customize the content, design, images, links, personalization fields, and mobile layout of your emails.

Dedicated IP address. Eligible plans may provide a dedicated IP address for sending emails. You remain responsible for appropriate sending practices, sender reputation, domain configuration, and compliance with applicable laws and Sendigram policies.

Sendigram AI Infrastructure. Sendigram provides AI-powered tools that may assist with generating email text, images, and complete emails, as well as analyzing and predicting campaign performance and providing recommendations. AI-generated Outputs may be incomplete or inaccurate and should be reviewed by You before use.

Integrations. Connect Sendigram with supported third-party platforms, websites, and applications to exchange contact data, events, and other relevant information. Third-party integrations may be governed by separate terms and privacy policies, and their availability may depend on your plan or configuration.

The Services may include or interact with products, services, content, and integrations provided by third parties ("Third-Party Services").

Some Third-Party Services are embedded into the Site or Application and may operate automatically where necessary for security, fraud prevention, payment processing, or the technical operation of the Services. Other Third-Party Services are optional and are activated only when You choose to connect or use the relevant integration or feature.

Your use of a Third-Party Service may be subject to the applicable third party's terms and privacy policy. Links to such documents are provided for information purposes and may be updated by the relevant provider.

Where You activate an optional integration, You:

Instruct and authorize Sendigram to exchange the data required to provide that integration;
Confirm that You have all necessary rights, notices, consents, and lawful bases for transferring such data; and
Remain responsible for your Account, configuration, and activities within the Third-Party Service.

Sendigram does not control Third-Party Services and cannot guarantee their continued availability, functionality, security, or compatibility. A third-party provider may modify, restrict, suspend, or discontinue its service. Where reasonably possible, Sendigram will notify You of material changes affecting an integration.

Disconnecting an integration stops future data exchanges initiated through Sendigram but may not automatically delete data previously transferred to the third-party provider. Requests concerning such data may need to be submitted directly to that provider.

Information about third parties that process Personal Data on Sendigram's behalf is available in the List of Subprocessors and is governed by the Data Processing Agreement and Privacy Policy.

Google reCAPTCHA. Service description: Google reCAPTCHA is an embedded security service used to protect the Site and Application against spam, abuse, fraudulent activity, and automated access. It may be activated automatically when You register, sign in, submit a form, or perform another protected action.

Google reCAPTCHA may collect and process technical information required to assess whether an interaction is performed by a person or an automated system. Google states that reCAPTCHA may set the necessary _GRECAPTCHA cookie for risk analysis.

Service information: Google reCAPTCHA
Terms of Service: Google Terms of Service
Privacy Policy: Google Privacy Policy

This Service Level Agreement sets out the service levels applicable to the Application under which the Services to which You have subscribed will be provided to You.

We will use commercially reasonable efforts to keep the Application and the Services free from viruses, Trojan horses, or comparable malicious code intended to harm our users' systems, in accordance with the Security Measures Appendix.

We will endeavor to maintain an average monthly availability of 99.5% for the Application.

Please read and accept our Acceptable Use & Anti-Spam Policy here.

Please read and accept our Data Processing Agreement here.

Please read and accept our API Usage Policy here.

These Terms of Service were last updated on: 01/08/2026