Terms of Service

These Terms of Service (the “Terms”) are a binding agreement between BZG Apps LLC., a Delaware corporation (“Sendra,” “we,” “us,” or “our”), and the person or entity that registers for or uses the Service (“Customer,” “you,” or “your”). By creating an account, clicking “I agree,” or accessing or using the Service, you agree to these Terms. If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have authority to bind that entity, and “you” refers to that entity.

If you do not agree to these Terms, do not access or use the Service.

1. Definitions

• “Service” means the Sendra web application, dashboard, APIs, documentation, and related services made available at sendra.so and its subdomains.
• “Amazon SES” means Amazon Simple Email Service, operated by Amazon Web Services, Inc. (“AWS”).
• “Recipient” means any person or email address to whom you send, or attempt to send, email using the Service.
• “Contact Data” means the contact records, email addresses, names, custom fields, consent metadata, engagement data, and other information about Recipients that you upload to, create in, or generate through the Service.
• “Customer Content” means the email content, templates, subject lines, images, forms, and other materials you create, upload, or send through the Service.
• “AUP” means the Acceptable Use Policy, which is incorporated into these Terms by reference.
• “DPA” means the Data Processing Agreement, which applies where Sendra processes personal data on your behalf.

2. Eligibility & accounts

You must be at least 18 years old and able to form a binding contract to use the Service. Access may require a valid invitation or onboarding code. You agree to provide accurate, current, and complete registration information and to keep it up to date.

You are responsible for safeguarding your account credentials and for all activity that occurs under your account or workspace, including the activity of any members, teammates, or API keys you create. Notify us immediately at support@bzgapps.com if you suspect unauthorized use of your account.

3. The Service — what Sendra is (and is not)

Sendra is a management layer over your own Amazon SES account. You connect your own AWS credentials, and Sendra helps you compose campaigns, manage contacts and lists, run automations, host signup forms, and view analytics. Production email is sent through your Amazon SES account, not through Sendra’s own sending infrastructure. Accordingly, with respect to the email you send:

• You are the sender of record. Sendra is a tool you use to operate your own email program; it is not the originator, author, or sender of your messages.
• Sendra does not pre-screen, review, approve, or verify your Customer Content, Contact Data, the lawfulness of your messages, or whether your Recipients consented to receive them.

4. Your Amazon SES and AWS responsibilities

Because you send through your own Amazon SES account, you have a direct relationship with AWS that is separate from these Terms. You acknowledge and agree that:

• You are solely responsible for obtaining, maintaining, and paying for your own AWS account and Amazon SES access, and for complying with the AWS Customer Agreement, the AWS Acceptable Use Policy, and all Amazon SES sending requirements, sandbox limits, and sending quotas.
• AWS may independently throttle, suspend, or terminate your Amazon SES access, place your account in or out of the sandbox, or block specific messages, in its sole discretion. Sendra has no control over these decisions and is not responsible or liable for them, for any resulting loss of deliverability, or for any fees you incur.
• You authorize Sendra to use the AWS credentials you provide to operate the Service on your behalf — including to send email you initiate, to create and manage Amazon SES configuration sets, and to provision the SNS topics and subscriptions needed to receive bounce and complaint notifications.

5. Acceptable use

Your use of the Service must at all times comply with the Acceptable Use Policy, which sets out your obligations regarding consent, anti-spam and marketing laws, required email content, and prohibited uses. A breach of the AUP is a material breach of these Terms and may result in immediate suspension or termination under Section 10.

6. Plans, fees & billing

Sendra offers a free plan and paid plans, with optional add-ons (for example, additional seats, sending domains, and media storage). Plan limits and entitlements are described on our pricing page and may change as described in Section 14.

• Paid plans are billed through our payment processor (Stripe) on a recurring basis (monthly or as otherwise stated) and renew automatically until cancelled.
• Fees are stated exclusive of taxes; you are responsible for all applicable taxes, except taxes based on Sendra’s net income.
• Upgrades take effect immediately; downgrades and cancellations take effect at the end of the current billing period. Except where required by law, fees are non-refundable and there are no refunds or credits for partial periods, unused features, or amounts paid to AWS.
• If a payment fails, we may suspend or limit your access until the amounts due are paid.

Charges billed to you by AWS for Amazon SES and other AWS services are separate and are solely your responsibility.

7. Customer Content & Contact Data

As between you and Sendra, you own your Customer Content and Contact Data. You grant Sendra a worldwide, non-exclusive license to host, store, process, transmit, and display Customer Content and Contact Data solely as necessary to provide and improve the Service and as permitted by the Privacy Policy and DPA.

You represent and warrant that you have all rights, consents, and lawful bases necessary to upload your Contact Data, to send your Customer Content to your Recipients, and to authorize Sendra’s processing described in these Terms. You are solely responsible for the legality, accuracy, and content of your Customer Content and Contact Data.

8. Intellectual property

The Service, including all software, design, and documentation, is owned by Sendra and its licensors and is protected by intellectual property laws. Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your internal business purposes. You may not copy, modify, reverse engineer, resell, or create derivative works of the Service except as expressly permitted. If you provide feedback or suggestions, you grant us a perpetual, royalty-free license to use them without restriction.

9. Third-party services

The Service interoperates with third-party services that you choose to use, including AWS (Amazon SES), Stripe, and others. Your use of those services is governed by their own terms, and Sendra is not responsible for third-party services, their availability, or their acts or omissions.

10. Term, suspension & termination

These Terms apply for as long as you use the Service. You may cancel at any time from your account. We may suspend or terminate your access, in whole or in part, immediately and without notice if we reasonably believe that you have violated the AUP, are sending spam or unlawful email, present a deliverability, security, or legal risk to Sendra or others, or have failed to pay amounts due.

On termination, your right to use the Service ends, after which we may delete your data as described in the Privacy Policy and DPA.

11. Disclaimer of warranties

The Service is provided “as is” and “as available,” without warranties of any kind, whether express, implied, or statutory, including any implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. Sendra does not warrant that the Service will be uninterrupted, error-free, or secure, or that any email will be delivered, accepted, or not marked as spam. Deliverability depends on many factors outside Sendra’s control, including AWS, mailbox providers, and your own sending practices.

12. Limitation of liability

To the maximum extent permitted by law, Sendra and its affiliates, officers, employees, and suppliers will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, data, goodwill, or business, arising out of or related to the Service or these Terms, even if advised of the possibility of such damages. Sendra’s total aggregate liability arising out of or related to these Terms will not exceed the amounts you paid to Sendra for the Service in the twelve (12) months preceding the event giving rise to the claim.

Without limiting the foregoing, you bear all risk and liability arising from your own email sending and your compliance (or non-compliance) with applicable laws, and Sendra is not liable for any fines, penalties, claims, or damages resulting from your messages, Contact Data, or marketing practices.

13. Indemnification

You will defend, indemnify, and hold harmless Sendra and its affiliates, officers, directors, employees, and agents from and against any and all claims, demands, investigations, liabilities, damages, losses, fines, penalties, and expenses (including reasonable attorneys’ fees) arising out of or related to:

• your Customer Content, Contact Data, or the email you send through the Service;
• the manner in which you obtained your Recipients or their consent, including any purchased, rented, scraped, harvested, or otherwise improperly sourced lists;
• your violation of any law or regulation, including without limitation the U.S. CAN-SPAM Act, the U.S. Telephone Consumer Protection Act (TCPA), Canada’s Anti-Spam Legislation (CASL), the EU and UK General Data Protection Regulation (GDPR), and the ePrivacy Directive / PECR;
• your violation of the AUP, these Terms, or the rights of any third party; or
• your use of Amazon SES or any other third-party service.

14. Governing law & disputes

These Terms are governed by the laws of the State of Delaware, USA, without regard to its conflict-of-laws rules.

14.1 Binding arbitration

Except for the matters carved out below, you and Sendra agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service will be resolved by final and binding arbitration on an individual basis, administered by a recognized arbitration provider under its applicable rules, with the seat of arbitration in Delaware. Judgment on the award may be entered in any court of competent jurisdiction.

14.2 Class-action waiver

You and Sendra agree that each may bring claims against the other only in an individual capacity, and not as a plaintiff or class member in any purported class, consolidated, or representative proceeding. The arbitrator may not consolidate more than one person’s claims or preside over any form of a representative or class proceeding.

14.3 Carve-outs & opt-out

Either party may bring an individual claim in small-claims court if it qualifies, and either party may seek injunctive or equitable relief in court to protect its intellectual property or confidential information. Any dispute not subject to arbitration will be resolved exclusively in the state or federal courts located in Delaware, and you consent to their jurisdiction.

You may opt out of this arbitration agreement and class-action waiver by sending written notice to support@bzgapps.com within 30 days of first accepting these Terms; opting out will not affect any other part of these Terms.

15. Changes to these Terms

We may update these Terms from time to time. Changes take effect on the date stated, and your continued use of the Service after that date constitutes acceptance of the updated Terms.

16. Miscellaneous

These Terms, together with the AUP, Privacy Policy, and (where applicable) the DPA, are the entire agreement between you and Sendra regarding the Service. If any provision is held unenforceable, the remaining provisions remain in effect. Our failure to enforce a provision is not a waiver. 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 or failures caused by events beyond its reasonable control (force majeure).

17. Contact

Questions about these Terms? Contact us at support@bzgapps.com.