Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("Customer," "you," or "your") and SENTD ("Company," "we," "us," or "our") governing your access to and use of the SENTD transactional email API platform, including our website, API, dashboard, documentation, and related services (collectively, the "Service").

By creating an account, accessing, or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms, our Privacy Policy, our Acceptable Use Policy, our Data Processing Agreement, and our Service Level Agreement.

If you are using the Service on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.

2. Eligibility

To use the Service, you must:

• Be at least 18 years of age
• Have the legal capacity to enter into a binding agreement
• Not be prohibited from using the Service under applicable law
• Not have been previously suspended or removed from the Service

3. Account Registration and Security

3.1 Account Creation

To access most features of the Service, you must create an account. You agree to:

• Provide accurate, current, and complete information
• Maintain and promptly update your account information
• Keep your password and API keys confidential
• Notify us immediately of any unauthorized access

3.2 Account Responsibility

You are responsible for all activities that occur under your account, including actions by team members, contractors, or anyone you authorize to access your account. You must:

• Implement appropriate access controls for team members
• Use scoped API keys with minimum necessary permissions
• Rotate API keys regularly and after personnel changes
• Monitor your account for suspicious activity

4. Service Description

SENTD provides a transactional email delivery API that enables you to:

• Send transactional emails programmatically via our API
• Manage email templates and dynamic content
• Track email delivery, opens, clicks, and bounces
• Configure webhooks for real-time event notifications
• Manage sending domains and authentication
• Access analytics and reporting dashboards
• Integrate with multiple email delivery providers

5. Acceptable Use

Your use of the Service is subject to our Acceptable Use Policy, which is incorporated into these Terms by reference. You agree to:

• Send only transactional emails (password resets, order confirmations, notifications, etc.)
• Obtain proper consent from email recipients
• Include functioning unsubscribe mechanisms where required
• Maintain bounce rates below 10%
• Maintain spam complaint rates below 0.1%
• Not send unsolicited bulk email (spam)
• Not send content that is illegal, harmful, or violates third-party rights
• Not attempt to circumvent rate limits or abuse the Service

6. Email Sending Requirements

6.1 Consent Requirements

You must ensure that all emails sent through the Service are to recipients who have:

• Explicitly provided their email address to you
• Consented to receive the type of email being sent
• Not opted out or unsubscribed from your communications

6.2 Legal Compliance

You are responsible for compliance with all applicable email laws, including:

• CAN-SPAM Act (United States)
• CASL (Canada)
• GDPR (European Union)
• PECR (United Kingdom)
• Any other applicable anti-spam or privacy regulations

6.3 Sending Thresholds

To maintain the quality of our email delivery infrastructure:

• Bounce Rate: Must remain below 10% of total emails sent
• Spam Complaint Rate: Must remain below 0.1% (1 in 1,000 emails)
• Exceeding these thresholds may result in account review, suspension, or termination

7. Fees and Payment

7.1 Pricing

Current pricing is available on our website. We offer:

• Free tier with limited monthly email volume
• Paid subscription plans with higher limits and features
• Enterprise plans with custom pricing

7.2 Billing

• Subscription fees are billed in advance on a monthly or annual basis
• Overage charges (if applicable) are billed at the end of each billing period
• All fees are non-refundable except as required by law
• We accept major credit cards and may offer additional payment methods

7.3 Price Changes

We may change our prices with 30 days' notice. Price changes will take effect at the start of your next billing cycle. If you do not agree to a price change, you may cancel your subscription before it takes effect.

7.4 Taxes

Fees do not include taxes. You are responsible for all applicable taxes, including VAT, GST, or sales tax, unless you provide a valid tax exemption certificate.

8. Intellectual Property

8.1 Our Intellectual Property

The Service, including its design, features, functionality, documentation, and all related intellectual property, is owned by SENTD and protected by copyright, trademark, and other laws. We grant you a limited, non-exclusive, non-transferable license to use the Service in accordance with these Terms.

8.2 Your Content

You retain ownership of all content you transmit through the Service ("Customer Content"). By using the Service, you grant us a limited license to process, store, and transmit your Customer Content solely to provide the Service. You represent that you have all necessary rights to your Customer Content.

8.3 Feedback

If you provide feedback, suggestions, or ideas about the Service, we may use them without obligation to you.

9. Confidentiality

Each party agrees to keep confidential any non-public information disclosed by the other party that is designated as confidential or should reasonably be understood to be confidential. This includes API keys, account credentials, and proprietary business information.

Confidential information may be disclosed if required by law, provided the disclosing party gives reasonable notice (where permitted) to allow the other party to seek protective measures.

10. Warranties and Disclaimers

10.1 Our Warranties

We warrant that:

• The Service will perform materially as described in our documentation
• We will use commercially reasonable efforts to maintain Service availability
• We have implemented reasonable security measures to protect your data

10.2 Disclaimer

11. Limitation of Liability

12. Indemnification

You agree to indemnify, defend, and hold harmless SENTD and its officers, directors, employees, and agents from any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from:

• Your use of the Service
• Your Customer Content, including any emails you send
• Your violation of these Terms or applicable law
• Your violation of third-party rights, including recipients of your emails
• Claims that your emails constitute spam or violate anti-spam laws

13. Term and Termination

13.1 Term

These Terms begin when you create an account and continue until terminated by either party.

13.2 Termination by You

You may terminate your account at any time through the dashboard or by contacting support. Upon termination:

• Your access to the Service will be disabled
• Prepaid fees are non-refundable
• You remain responsible for any outstanding charges

13.3 Termination by Us

We may suspend or terminate your account:

• Immediately if you violate these Terms or our Acceptable Use Policy
• Immediately if required by law or to protect the Service
• With 30 days' notice for any other reason

13.4 Effect of Termination

Upon termination:

• All licenses granted to you terminate
• You must cease all use of the Service
• We will delete your Customer Content within 90 days, except as required for legal compliance
• Sections 8-12, 14-17 survive termination

14. Modifications to Terms

We may modify these Terms at any time. We will provide notice of material changes by:

• Posting the updated Terms on our website
• Sending an email notification
• Displaying a notice in the dashboard

Changes take effect 30 days after posting (or immediately for changes required by law). Your continued use of the Service after changes take effect constitutes acceptance of the modified Terms. If you do not agree to the changes, you must stop using the Service.

15. Governing Law and Disputes

15.1 Governing Law

These Terms are governed by the laws of the State of Delaware, United States, without regard to conflict of law principles.

15.2 Dispute Resolution

Before initiating any legal proceeding, you agree to first contact us at legal@sentd.io to attempt to resolve the dispute informally. If the dispute cannot be resolved within 60 days, either party may pursue formal legal action.

15.3 Jurisdiction

Any legal action or proceeding shall be brought exclusively in the state or federal courts located in Delaware, and you consent to the personal jurisdiction of such courts.

16. General Provisions

16.1 Entire Agreement

These Terms, together with the Privacy Policy, Acceptable Use Policy, Data Processing Agreement, and Service Level Agreement, constitute the entire agreement between you and SENTD regarding the Service.

16.2 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

16.3 Waiver

Our failure to enforce any right or provision of these Terms does not constitute a waiver of that right or provision.

16.4 Assignment

You may not assign or transfer these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets.

16.5 Force Majeure

Neither party shall be liable for delays or failures in performance resulting from circumstances beyond its reasonable control, including natural disasters, acts of government, internet outages, or third-party service failures.

17. Contact Information

For questions about these Terms, please contact us:

• Legal Inquiries: legal@sentd.io
• General Support: support@sentd.io