Sendara

Terms of Service

Last updated: December 16, 2024

Welcome to Sendara. These Terms of Service ("Terms") govern your access to and use of our mail tracking and operations platform. By accessing or using our services, you agree to be bound by these Terms.

1. Acceptance of Terms

By creating an account or using our services, you agree to these Terms and our Privacy Policy. If you are using our services on behalf of an organization, you represent that you have authority to bind that organization to these Terms.

2. Description of Services

Sendara provides a cloud-based platform for Mail Service Providers (MSPs) that includes:

  • Multi-facility mail piece tracking and visibility
  • Client portal management and white-label reporting
  • USPS compliance tools and IMb tracking integration
  • Job management and workflow automation
  • Analytics, reporting, and data export capabilities
  • API access for integrations with third-party systems

3. Account Registration

To use our services, you must:

  • Provide accurate and complete registration information
  • Maintain the security of your account credentials
  • Promptly notify us of any unauthorized access
  • Be responsible for all activities under your account

You must be at least 18 years old and have the legal capacity to enter into these Terms.

4. Acceptable Use

You agree not to:

  • Violate any applicable laws or regulations
  • Infringe on intellectual property rights of others
  • Upload malicious code or attempt to compromise our systems
  • Interfere with other users' access to the services
  • Use the services for any fraudulent or illegal purpose
  • Resell or redistribute our services without authorization
  • Attempt to reverse engineer or extract source code
  • Use automated systems to access the services beyond API limits

5. Your Data

You retain ownership of all data you upload to our platform ("Your Data"). By using our services, you grant us a limited license to use Your Data solely to provide and improve our services.

You represent and warrant that:

  • You have the right to upload and use Your Data
  • Your Data does not violate any third-party rights
  • You will comply with all applicable data protection laws
  • You have obtained necessary consents for client data you process

6. Client Data and Multi-Tenancy

If you use our platform to manage data for your clients, you are responsible for ensuring your use complies with your agreements with those clients and applicable privacy laws. Our platform maintains strict data isolation between tenants. You agree not to access or attempt to access data belonging to other users.

7. Fees and Payment

Fees for our services are described in your service agreement or on our pricing page. You agree to:

  • Pay all fees when due according to your billing cycle
  • Provide accurate billing information
  • Be responsible for all taxes associated with your use

We may change pricing with 30 days' notice. Continued use after price changes constitutes acceptance.

8. Service Availability

We strive to maintain 99.9% uptime for our platform. However, we do not guarantee uninterrupted access. Services may be temporarily unavailable for maintenance, updates, or circumstances beyond our control. Specific service level commitments may be included in Enterprise agreements.

9. Intellectual Property

All rights, title, and interest in Sendara, including our software, designs, trademarks, and documentation, remain our exclusive property. These Terms do not grant you any rights to use our trademarks or branding except as expressly permitted for white-label features.

10. Confidentiality

Each party agrees to protect the confidential information of the other party and use it only for purposes of these Terms. Confidential information does not include information that is publicly available, independently developed, or rightfully received from third parties.

11. Disclaimer of Warranties

OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT SERVICES WILL BE ERROR-FREE OR UNINTERRUPTED.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SENDARA SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, DATA, OR GOODWILL. OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNTS PAID BY YOU IN THE TWELVE MONTHS PRECEDING THE CLAIM.

13. Indemnification

You agree to indemnify and hold harmless Sendara and its officers, directors, employees, and agents from any claims, damages, losses, and expenses (including reasonable attorneys' fees) arising from your use of the services, your violation of these Terms, or your violation of any rights of third parties.

14. Termination

Either party may terminate these Terms at any time. Upon termination:

  • Your access to the services will be discontinued
  • You remain responsible for any outstanding fees
  • We will provide a reasonable period to export Your Data
  • Provisions that should survive termination will remain in effect

We may suspend or terminate your access immediately for violation of these Terms or non-payment.

15. Modifications to Terms

We may modify these Terms at any time. We will provide notice of material changes via email or through our platform. Your continued use of services after changes become effective constitutes acceptance of the modified Terms.

16. Governing Law and Disputes

These Terms shall be governed by the laws of the State of Delaware, without regard to conflict of law principles. Any disputes arising from these Terms shall be resolved through binding arbitration, except that either party may seek injunctive relief in court for intellectual property matters.

17. General Provisions

  • Entire Agreement: These Terms constitute the entire agreement between you and Sendara.
  • Severability: If any provision is found unenforceable, the remaining provisions will continue in effect.
  • Waiver: Failure to enforce any right does not constitute a waiver of that right.
  • Assignment: You may not assign these Terms without our consent. We may assign these Terms freely.
  • Force Majeure: Neither party is liable for delays caused by circumstances beyond reasonable control.

18. Contact Us

If you have questions about these Terms, please contact us at:

Sendara

Email: legal@sendara.co

Website: https://www.sendara.co