SenderKit

Last updated: 2026-05-29

SenderKit Terms of Service

These Terms of Service (the “Terms”) form a binding agreement between Neurabyte LLC, a Wyoming limited liability company, doing business as (“dba”) SenderKit (“SenderKit,” “we,” “us,” or “our”), and the entity or person agreeing to these Terms (“Customer,” “you,” or “your”). By creating an account, clicking “I agree,” accessing the SenderKit dashboard, calling the SenderKit API, or otherwise using the Services, you agree to be bound by these Terms.

If you do not agree, do not use the Services.

If you are agreeing on behalf of a company or other legal entity, you represent that you have authority to bind that entity, and “Customer” refers to that entity.

1. Acceptance & Eligibility

1.1. Acceptance.You accept these Terms by (a) clicking an “I agree” or similar control, (b) signing an Order Form referencing these Terms, or (c) accessing or using any of the Services.

1.2. Eligibility. You may only use the Services if you are at least 18 years old, capable of forming a binding contract, and not barred from receiving services under U.S. law or the law of any other applicable jurisdiction. The Services are intended for business and developer use; consumers should not use the Services for personal, family, or household purposes.

1.3. Order of Precedence.If a fully executed Order Form, Data Processing Addendum, or other written agreement exists between the parties, that document controls to the extent of any conflict with these Terms, in the order: Order Form > DPA > these Terms > Acceptable Use Policy > Documentation.

2. Definitions

  • “API” means the application programming interfaces, SDKs, libraries, and developer tools made available by SenderKit.
  • “Customer Content” means all templates, message bodies, recipient lists, contact data, variable inputs, media, copy, prompts, and other data submitted to or generated through the Services by or for Customer, excluding SenderKit IP and Output of SenderKit’s own systems.
  • “Documentation” means the technical and product documentation published by SenderKit at its website or developer portal.
  • “Output” means responses or content generated by AI-assisted features in response to Customer inputs.
  • “Recipient” means any individual or entity that receives a message dispatched, hosted, rendered, or routed via the Services.
  • “Services” means the SenderKit-hosted platform, websites, APIs, dashboards, SDKs, templates, rendering, analytics, and related services we make available, excluding Third-Party Providers.
  • “Third-Party Provider” means a third-party messaging, infrastructure, or communications service (including AWS SES, Postmark, Twilio, Mailgun, MessageBird, Resend, WhatsApp Business APIs, and similar services) used in connection with the Services, whether under Customer’s own account or otherwise.

3. Accounts, Security & Authentication

3.1. Registration. You must provide accurate and complete information when creating an account and keep it up to date.

3.2. Credentials. You are solely responsible for safeguarding API keys, access tokens, passwords, secrets, OAuth credentials, and any Third-Party Provider credentials you upload, generate, or connect through the Services. You must enable any multi-factor authentication or organization-level controls we make reasonably available.

3.3. Activity on your account. You are responsible for all activity occurring under your account or via your API keys, including activity by your end users, employees, contractors, and any other person to whom you grant access, and including any unauthorized activity resulting from your failure to protect credentials.

3.4. Notification of unauthorized access. You must notify us at security@senderkit.com without undue delay after learning of any actual or suspected unauthorized access to or use of your account, credentials, or the Services.

3.5. Team / workspace administration. Workspace administrators may grant, modify, and revoke access for other users. Such administrative acts bind the workspace and all users within it.

4. Service Description & API Access

4.1. License grant. Subject to your continued compliance with these Terms and timely payment of applicable fees, SenderKit grants you a non-exclusive, non-transferable, non-sublicensable, revocable license during the term to access and use the Services and APIs solely for your internal business purposes.

4.2. API limits. SenderKit may impose, modify, and enforce rate limits, quotas, request size limits, concurrency caps, retention periods, and similar technical limitations at any time, including for abuse mitigation, billing-tier enforcement, or platform stability. You must implement reasonable backoff, retry, and error-handling logic in any integration.

4.3. Restrictions. You will not, and will not permit any third party to: (a) reverse engineer, decompile, or disassemble the Services except to the extent permitted by applicable law; (b) circumvent any access or usage controls, rate limits, billing tiers, or trial restrictions; (c) use the Services to build a competing product or to benchmark, scrape, or harvest data other than your own; (d) resell, sublicense, white-label, or commercially exploit the Services except as expressly permitted; (e) use the Services to send messages on behalf of a third party in a manner that conceals or obscures the actual originator (other than ordinary platform use for your own end users); or (f) use the Services in any manner that violates these Terms or applicable law.

4.4. Updates. We may release, modify, deprecate, or discontinue features, APIs, and endpoints. We will use commercially reasonable efforts to give advance notice of material deprecations via the Documentation or email, but we owe no obligation to maintain backward compatibility.

4.5. Plans & tiers. The Services are offered in tiers, currently a Free plan and a Pro plan. The primary difference between the tiers is the number of templates a workspace may create: the Free plan is limited to a maximum of five (5) templates per workspace, and the Pro plan permits an unlimited number of templates, in each case subject to fair-use, abuse-prevention, and technical limits under Section 4.2. The specific features, quotas, and prices associated with each tier are described on the SenderKit pricing page and in-product checkout, and may change prospectively in accordance with Sections 11.3 and 26. If a workspace downgrades from Pro to Free while it holds more templates than the Free plan permits, existing templates may be retained in a read-only state, but Customer will not be able to create new templates until it is within the Free limit.

5. Customer Responsibilities for Content & Recipients

5.1. Sole responsibility. As between the parties, Customer is solely and exclusively responsible for:

  • (a) all Customer Content, including templates, message bodies, subject lines, sender names, sender addresses, “from” identifiers, headers, links, attachments, media, and variable substitutions;
  • (b) the accuracy, lawfulness, and appropriateness of all Customer Content;
  • (c) all Recipient data, including its acquisition, accuracy, deduplication, retention, and deletion;
  • (d) obtaining and documenting all consents, opt-ins, permissions, and authorizations required under applicable law from each Recipient before dispatching any message;
  • (e) honoring opt-outs, unsubscribe requests, “STOP” replies, “DO-NOT-CALL” registrations, and any other Recipient-side preferences;
  • (f) all communications with Recipients, including handling complaints, disputes, and regulatory inquiries; and
  • (g) determining whether the Services are appropriate for Customer’s use case, industry, and regulatory environment.

5.2. Customer is the sender.Customer is the sender, originator, controller, and publisher of each message dispatched through the Services. SenderKit acts as a conduit, processor, and/or messaging service provider on Customer’s documented instructions. Nothing in these Terms makes SenderKit a publisher, broadcaster, controller, or originator of Customer Content.

5.3. Customer warranties.Customer represents and warrants on a continuing basis that: (a) it has the right to submit and transmit all Customer Content and Recipient data; (b) all messages dispatched comply with all applicable laws, including without limitation CAN-SPAM, TCPA, CASL, GDPR, UK GDPR, ePrivacy Directive, LGPD, the Telephone Consumer Protection Act, state UDAP statutes, and all applicable carrier, registrar, and platform rules (including 10DLC, Toll-Free Messaging, RCS, WhatsApp Business Solution, and Apple/Google push platform policies); (c) Customer maintains complete records of consent sufficient to demonstrate compliance; and (d) Customer’s use will not infringe or misappropriate any third party’s rights.

5.4. License to Customer Content. Customer grants SenderKit a worldwide, royalty-free, non-exclusive license during the term to host, store, transmit, render, copy, display, process, and create derivative works of Customer Content solely as necessary to (i) provide and operate the Services for Customer, (ii) enforce these Terms, (iii) comply with law, and (iv) prevent abuse. We do not own Customer Content.

6. Acceptable Use Policy (AUP)

You may not, and may not allow any user, end user, Recipient list, or downstream party to, use the Services to:

6.1. Spam & unsolicited messaging. Send unsolicited bulk or commercial messages; send to addresses or numbers obtained without verifiable affirmative consent; send to purchased, rented, scraped, harvested, or third-party-rented lists; send to addresses or numbers that have unsubscribed or opted out; or otherwise violate CAN-SPAM, TCPA, CASL, GDPR/ePrivacy, or any analogous law.

6.2. Fraud & deception.Engage in phishing, smishing, vishing, business-email-compromise, account-takeover, brand impersonation, deceptive “from” lines, deceptive subject lines, false headers, spoofed domains, fake unsubscribe links, or any fraudulent, deceptive, or misleading messaging.

6.3. Harassment & abuse. Send threatening, harassing, defamatory, stalking, doxxing, hateful, or otherwise abusive messages.

6.4. Illegal content & activity. Distribute child sexual abuse material; non-consensual intimate imagery; content that incites violence; content unlawful where the Recipient is located; content promoting terrorism or sanctioned regimes; pirated or infringing content; or content related to any illegal activity.

6.5. Restricted categories without authorization. Without prior written approval from SenderKit, send messages relating to: high-risk financial services (payday loans, debt collection, cryptocurrency solicitations, “get rich quick” schemes, unregistered securities, IPO/STO promotions), gambling, cannabis or controlled substances, firearms, tobacco, vaping, adult content, multi-level marketing, sweepstakes/lotteries, prescription pharmaceuticals, or any category restricted by carriers or providers.

6.6. Sensitive data without authority. Transmit protected health information (PHI) subject to HIPAA, payment card data subject to PCI DSS, student records subject to FERPA, biometric identifiers, government-issued identifiers, or other special-category data, unless Customer has a separate written agreement with SenderKit covering such data (including a BAA where applicable).

6.7. Infrastructure abuse.Probe, scan, stress-test, denial-of-service, overload, or otherwise impair the Services or any other party’s systems; bypass authentication or rate limits; transmit malware, ransomware, viruses, worms, or destructive code; or use the Services as a botnet command-and-control channel.

6.8. Reputation harm.Engage in any activity that, in SenderKit’s reasonable judgment, harms or is likely to harm the deliverability, IP reputation, domain reputation, or business of SenderKit, its providers, or other SenderKit customers.

6.9. Reverse engineering of moderation. Attempt to evade abuse detection, content filtering, throttling, suspension, or any platform safety mechanism.

6.10. High-risk use. Use the Services in any setting where failure could result in death, personal injury, environmental harm, or other catastrophic damage, including life-safety, life-support, emergency dispatch, nuclear, aviation control, or mass-transit applications.

We may publish additional or more specific rules in our published Acceptable Use Policy at senderkit.com/acceptable-use, which is incorporated by reference. We may update the AUP from time to time.

7. Messaging & Anti-Spam Compliance

7.1. Statutory compliance is Customer’s obligation. Customer is solely responsible for compliance with all messaging and consumer-protection laws, including CAN-SPAM, TCPA, CASL, GDPR, UK GDPR, the ePrivacy Directive, the Australian Spam Act, LGPD, PIPL, PIPEDA, applicable state laws (e.g., CCPA/CPRA, Washington My Health My Data Act), and applicable carrier and platform rules.

7.2. Required content.Customer must include in every message all information required by applicable law and platform rules, including, where required, a valid postal address, a functioning unsubscribe mechanism, accurate sender identification, “STOP” and “HELP” responses for SMS, and applicable disclosures.

7.3. Consent records. Customer will maintain auditable records of opt-in, opt-out, consent type, timestamp, and source for each Recipient for the period required by applicable law and will produce them to SenderKit on request in connection with abuse investigations or regulator inquiries.

7.4. Carrier registration & sender vetting. Where applicable (e.g., U.S. 10DLC, Toll-Free verification, WhatsApp Business display name registration, RCS sender registration), Customer must complete and maintain accurate carrier or platform registration and pay any associated fees.

7.5. Bounce & complaint handling. Customer must promptly suppress addresses that hard-bounce, generate complaints, mark as spam, or unsubscribe. Failure to maintain healthy engagement metrics may result in suspension.

8. Third-Party Providers & BYO Integrations

8.1. No control; no warranty. The Services may integrate with, route through, or interoperate with Third-Party Providers. SenderKit does not control Third-Party Providers and makes no representation or warranty regarding them, including their availability, deliverability, security, pricing, terms of service, content policies, or continued existence. SenderKit is not responsible or liable for the acts, omissions, outages, errors, security incidents, account suspensions, deliverability decisions, content moderation decisions, pricing changes, or terminations of any Third-Party Provider.

8.2. Customer’s Third-Party Provider relationships. Customer is solely responsible for: (a) entering into and complying with each Third-Party Provider’s terms of service, acceptable-use policy, and applicable agreements; (b) paying all fees charged by Third-Party Providers; (c) maintaining accurate and active accounts and credentials; (d) any consequences of credential misuse or leakage occurring on the Third-Party Provider side; and (e) any data Customer authorizes us to transmit to a Third-Party Provider on Customer’s behalf.

8.3. BYO credentials.When Customer provides credentials, API keys, OAuth tokens, or other authentication material for a Third-Party Provider, Customer (a) represents it has the right to do so, (b) authorizes SenderKit to use those credentials to dispatch messages and access account data as described in the Documentation, and (c) acknowledges that, while we use commercially reasonable encryption and access controls, no system is impervious and any compromise of the Third-Party Provider itself is outside SenderKit’s control.

8.4. Future managed sending. SenderKit may, in the future, offer managed sending capacity in which SenderKit (or its affiliates) act as the contracting party with Third-Party Providers. Use of such managed-sending features may be subject to additional terms, vetting, KYC, sender registration, and acceptable-use requirements published at that time, and is not currently included in the Services.

8.5. Delivery never guaranteed. Customer acknowledges that message delivery, deliverability, inbox placement, render fidelity, latency, and read/open/click attribution are inherently probabilistic and depend on factors outside SenderKit’s control, including Recipient mail servers, carriers, spam filters, blocklists, DNS, ISP throttling, OS-level rules, end-user filters, network conditions, and Third-Party Provider behavior. SenderKit does not warrant or guarantee that any message will be delivered, accepted, rendered, opened, read, or acted upon, and is not liable for any non-delivery, delayed delivery, misdelivery, filtering, or rejection.

9. AI Features & AI-Generated Content

9.1. Description.The Services may include AI-assisted features that generate, suggest, edit, translate, summarize, or otherwise transform templates, copy, subject lines, prompts, or other content (“AI Features”). AI Features may use SenderKit’s own models or third-party model providers.

9.2. Output is a starting point, not advice. Output produced by AI Features is provided “as is” and is generated probabilistically from statistical patterns. Output may be inaccurate, incomplete, biased, out of date, fabricated, misleading, or non-compliant with applicable law (including, without limitation, missing legally required disclosures, opt-outs, or consent language for SMS, email, or messaging-app channels). Customer must independently review, edit, verify, and approve any Output before sending any message based on it. SenderKit does not provide legal, compliance, marketing, medical, financial, or other professional advice through AI Features.

9.3. Ownership of Output.As between the parties, Customer owns the Output associated with its prompts, subject to SenderKit’s underlying intellectual property in the AI Features and any restrictions imposed by upstream model providers. Customer acknowledges that identical or similar Output may be produced for other customers and grants no exclusivity over generic Output.

9.4. Customer inputs. Customer is responsible for the legality and rights to any prompts, examples, fine-tuning data, or other inputs submitted to AI Features.

9.5. No training on Customer Content by default. Unless Customer expressly opts in or is using a designated training-eligible tier, SenderKit will not use Customer Content to train SenderKit’s foundation models. Aggregated and de-identified data may be used for service improvement, abuse prevention, and analytics.

10. Beta & Experimental Features

10.1. Identification.Features designated “beta,” “preview,” “experimental,” “alpha,” “early access,” “labs,” or similar (“Beta Features”) are provided for evaluation.

10.2. AS-IS, no SLA. Beta Features are provided “as is” and “as available,” without any warranty, support, or service-level commitment, and may be modified, suspended, or terminated at any time.

10.3. No liability. To the maximum extent permitted by law, SenderKit will have no liability arising out of or related to Beta Features. Beta Features are excluded from any limitation-of-liability cap and instead carry a zero-dollar liability cap.

10.4. Confidentiality. Information about non-public Beta Features is Confidential Information.

11. Service Availability; No SLA

11.1. No uptime commitment. SenderKit will use commercially reasonable efforts to keep the Services available, but does not commit to any specific uptime, latency, throughput, or service-level target. Scheduled maintenance, emergency maintenance, and Third-Party Provider events may cause downtime.

11.2. No service credits.Customer’s exclusive remedy for any unavailability or performance failure is the termination right set out in Section 13, subject to the rest of these Terms.

11.3. Modifications. We may modify the Services from time to time. We will not materially diminish the core functionality of a paid feature during a paid subscription term without notice; if we do, your sole and exclusive remedy is to terminate the affected subscription and receive a pro-rated refund of pre-paid, unused fees for that subscription.

12. Monitoring, Abuse Investigation & Rate Limits

12.1. Right to monitor. SenderKit may, but is not obligated to, monitor, log, scan, sample, and analyze use of the Services, metadata, headers, message content, recipient lists, links, and attachments to (a) operate and secure the Services, (b) detect and prevent abuse, fraud, malware, spam, phishing, and Acceptable Use Policy violations, (c) comply with law and legal process, and (d) enforce these Terms. Monitoring may be automated.

12.2. Cooperation. Customer will reasonably cooperate with abuse investigations, including by providing consent records, list-acquisition documentation, sample message content, and points of contact, within the timeframe we reasonably require.

12.3. Rate limits. We may apply, change, and enforce rate limits, quotas, sending caps, IP throttling, domain reputation gating, and similar controls without notice when necessary to protect platform stability, deliverability, or other customers.

13. Suspension & Termination

13.1. Suspension by SenderKit.SenderKit may suspend, throttle, restrict, or disable all or part of the Services, with or without notice, if we determine in our reasonable judgment that: (a) Customer is in breach of these Terms or the AUP; (b) Customer’s use creates a security, legal, or reputational risk to SenderKit, its providers, or any other party; (c) a payment is overdue; (d) a Third-Party Provider has suspended or restricted services affecting Customer; (e) law, regulation, court order, subpoena, or law-enforcement request requires it; or (f) immediate action is necessary to prevent ongoing harm, including spam runs, deliverability damage, or attacks.

13.2. Termination for convenience.Either party may terminate a month-to-month or undefined-term subscription for convenience on thirty (30) days’ written notice. Annual subscriptions terminate at the end of the then-current term unless renewed.

13.3. Termination for cause.Either party may terminate immediately for the other party’s material breach if not cured within fifteen (15) days after written notice, except that SenderKit may terminate immediately and without cure for breaches of Sections 5 (Customer Responsibilities), 6 (AUP), 7 (Anti-Spam), 14 (Fees), 16 (Confidentiality), or 22 (Export Controls).

13.4. Insolvency. Either party may terminate immediately if the other becomes insolvent, files for bankruptcy, or undergoes a similar proceeding that is not dismissed within sixty (60) days.

13.5. Effect of termination.Upon termination or expiration: (a) Customer’s right to access the Services ceases immediately; (b) Customer remains liable for all unpaid fees and any fees for usage already incurred; (c) Customer may, for up to thirty (30) days after termination, request export of Customer Content as described in the Documentation, after which we may delete it; and (d) any prepaid fees that are non-refundable under Section 14 will not be refunded except as expressly stated.

13.6. No liability for suspension or termination. SenderKit will have no liability to Customer or any third party for any suspension, throttling, restriction, or termination undertaken in accordance with this Section.

14. Fees, Billing, Renewal & Refunds

14.1. Fees. Fees are as set out on the SenderKit pricing page, in the in-product checkout, or in a written Order Form, and may be usage-based, tier-based, or both.

14.2. Billing & payment. Unless an invoice is expressly issued, fees are charged in advance to the payment method on file and are due immediately. Usage overages, on-demand charges, and post-paid fees are charged after the relevant period. Customer authorizes SenderKit (and its payment processor) to charge the payment method on file for all amounts due. Invoiced amounts (if any) are due net thirty (30) days from invoice date.

14.3. Auto-renewal. Subscriptions automatically renew for successive periods equal to the then-current term unless cancelled before the renewal date in accordance with the Documentation. Renewal fees are charged at the then-current rate.

14.4. Taxes.Fees are exclusive of taxes, levies, duties, VAT, GST, and similar charges. Customer is responsible for all such amounts other than taxes on SenderKit’s net income.

14.5. Late payment.Overdue amounts accrue interest at the lesser of 1.5% per month or the maximum permitted by law. Customer is responsible for collection costs and reasonable attorneys’ fees. We may suspend the Services for non-payment after notice.

14.6. Disputes. Customer must dispute any charge in good faith within thirty (30) days of the invoice or charge date; failure to do so waives the right to dispute that charge.

14.7. Price changes.We may change fees on at least thirty (30) days’ notice, effective at the next renewal.

14.8. No free trials. SenderKit does not offer free trials of paid plans. The Free plan is available at no charge as described in Section 4.5, and Customer may evaluate it before upgrading to a paid plan.

14.9. 30-day money-back guarantee.For a Customer’s first paid (Pro) subscription, SenderKit offers a thirty (30) day money-back guarantee: if Customer cancels that first Pro subscription and requests a refund within thirty (30) days after the date of the initial Pro charge, SenderKit will refund the amount paid for that initial subscription period. To request a refund, Customer must cancel and email billing@senderkit.com within the 30-day window. The guarantee applies once per Customer and only to the first Pro subscription period; it does not apply to renewals, subsequent subscription periods, reactivations, or any later upgrade.

14.10. Other refunds. Except for the money-back guarantee in Section 14.9 and except where required by law, all fees are non-refundable and all payments are final. Renewal fees, fees for subscription periods after the first, and any usage-based fees for messages already dispatched, attempted, or queued are non-refundable regardless of delivery outcome. Any further refunds are at SenderKit’s sole discretion.

14.11. Chargebacks. Customer agrees to contact us before initiating any chargeback. Unwarranted chargebacks are a material breach.

15. Intellectual Property; Feedback

15.1. SenderKit IP. SenderKit and its licensors own all right, title, and interest in and to the Services, the API, the Documentation, the SenderKit brands, AI Features (including models, weights, prompts, and fine-tunes other than those provided by Customer), and all related intellectual property. No rights are granted other than the limited licenses expressly stated. All rights not expressly granted are reserved.

15.2. Customer Content. Customer retains all right, title, and interest in Customer Content, subject to the license granted in Section 5.4.

15.3. Feedback.If Customer provides feedback, comments, ideas, suggestions, bug reports, feature requests, or similar input (“Feedback”), Customer grants SenderKit a perpetual, irrevocable, worldwide, royalty-free, fully paid-up, sublicensable, transferable license to use, modify, reproduce, distribute, and otherwise exploit the Feedback for any purpose, without obligation, attribution, or compensation. Feedback is not Confidential Information.

15.4. Open-source components. Certain components made available by SenderKit (e.g., open-source SDKs or libraries) may be licensed under separate open-source licenses, which control to the extent of any conflict with these Terms for the specific component.

15.5. Trademarks.Each party retains its trademarks. Customer grants SenderKit a limited license to use Customer’s name and logo to identify Customer as a customer on SenderKit’s website and marketing materials; Customer may revoke this license on written notice.

16. Confidentiality

16.1. Definition.“Confidential Information” means non-public information disclosed by one party to the other that is marked or reasonably understood to be confidential, including business plans, pricing, product roadmaps, security information, and source code. Confidential Information excludes information that (a) is or becomes publicly available without breach, (b) was already known to the receiving party without restriction, (c) is independently developed without use of Confidential Information, or (d) is rightfully obtained from a third party without restriction.

16.2. Obligations. The receiving party will (a) use Confidential Information solely to perform under or evaluate these Terms, (b) protect Confidential Information using at least the same care it uses for its own confidential information of like importance, and in no case less than reasonable care, and (c) not disclose Confidential Information except to employees, contractors, and advisors bound by confidentiality obligations no less protective.

16.3. Compelled disclosure. The receiving party may disclose Confidential Information as required by law if it gives, where legally permitted, prompt notice and reasonable cooperation to the disclosing party.

16.4. Term. Confidentiality obligations survive for five (5) years after termination, except that trade secrets remain protected so long as they qualify as such.

17. Data Processing, Privacy & Security

17.1. Privacy Notice.Our collection and use of personal data about Customer’s personnel and website visitors is described in our Privacy Policy at senderkit.com/privacy.

17.2. Processor / sub-processor role.Where SenderKit processes personal data of Recipients or end users on Customer’s behalf, SenderKit acts as a processor (or service provider) and Customer acts as the controller (or business). The parties will execute SenderKit’s Data Processing Addendum (“DPA”), which is incorporated by reference and available at senderkit.com/dpa, and which sets out roles, standard contractual clauses, sub-processor terms, audit rights, and required security measures.

17.3. Sub-processors. SenderKit may engage sub-processors (including hosting, AI, monitoring, support, and Third-Party Providers) as listed at senderkit.com/subprocessors. Customer authorizes such sub-processors subject to the DPA.

17.4. Security. SenderKit will maintain commercially reasonable administrative, physical, and technical safeguards designed to protect Customer Content. No system is impenetrable, and SenderKit does not warrant absolute security.

17.5. Restricted data. Customer will not submit to the Services, or use the Services to transmit, any data prohibited by Section 6.6 unless a separate written agreement permits it.

17.6. Government access. SenderKit will challenge or seek to limit overly broad legal demands consistent with applicable law and will, where legally permitted, notify Customer of demands targeting Customer Content.

18. Copyright Complaints

18.1. Notice-and-takedown. SenderKit respects intellectual-property rights and will respond to valid notices of alleged copyright infringement under the U.S. Digital Millennium Copyright Act and analogous laws.

18.2. How to submit a notice. Send a written notice including the elements required by 17 U.S.C. § 512(c)(3) (identification of the work, identification of the allegedly infringing material with sufficient information to locate it, your contact details, a good-faith statement, and a statement under penalty of perjury) to legal@senderkit.com.

18.3. Counter-notices. Counter-notices may be submitted to the same address.

18.4. Repeat infringers. SenderKit will, in appropriate circumstances, suspend or terminate the accounts of repeat infringers.

19. Disclaimers of Warranty

19.1. AS IS. Except as expressly stated in these terms, the Services, APIs, AI Features, Output, Documentation, and any Beta Features are provided “as is” and “as available,” with all faults, and without warranty of any kind.

19.2. Disclaimers. To the maximum extent permitted by applicable law, SenderKit, its affiliates, and its licensors and suppliers disclaim all warranties, express, implied, or statutory, including warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, reliability, availability, and any warranties arising from a course of dealing, course of performance, or usage of trade.

19.3. No warranty of delivery or compliance. SenderKit makes no warranty that: (a) the Services will be uninterrupted, secure, or error-free; (b) any message will be delivered, rendered, opened, read, or attributed correctly; (c) any Third-Party Provider will perform as expected; (d) AI-generated Output will be accurate, compliant, or fit for purpose; or (e) the Services will cause Customer to be compliant with any law, regulation, or platform policy.

19.4. Jurisdictional limits. Some jurisdictions do not allow the exclusion of certain warranties; in those jurisdictions, the foregoing disclaimers apply to the maximum extent permitted by law.

20. Limitation of Liability

20.1. Exclusion of indirect damages. To the maximum extent permitted by applicable law, in no event will SenderKit, its affiliates, or its licensors or suppliers be liable for any indirect, incidental, special, exemplary, punitive, or consequential damages, or for any loss of profits, revenue, goodwill, business, data, use, messages, deliverability, IP reputation, contracts, or customers, arising out of or relating to these Terms or the Services, even if SenderKit has been advised of the possibility of such damages and regardless of the theory of liability.

20.2. Liability cap. To the maximum extent permitted by law, the total aggregate liability of SenderKit and its affiliates, licensors, and suppliers arising out of or relating to these Terms or the Services will not exceed the greater of (a) the amounts actually paid by Customer to SenderKit for the Services in the twelve (12) months immediately preceding the event giving rise to liability, or (b) one hundred U.S. dollars (US$100).

20.3. Free / Beta / Third-Party-caused. For Beta Features, free-of-charge Services, and damages caused by Third-Party Providers, the foregoing cap is reduced to US$0.

20.4. Excluded claims.The limitations in this Section do not apply to (a) Customer’s payment obligations, (b) either party’s indemnification obligations under Section 21, (c) Customer’s breach of Sections 4.3 (Restrictions), 5 (Content), 6 (AUP), or 22 (Export Controls), (d) either party’s breach of Section 16 (Confidentiality), or (e) liability that cannot be excluded by applicable law.

20.5. Essential purpose. The parties agree that the limitations in this Section are an essential basis of the bargain and will apply notwithstanding the failure of essential purpose of any limited remedy.

20.6. Time-bar. Any claim arising out of these Terms must be brought within one (1) year after the cause of action accrues; otherwise, it is permanently barred, except where prohibited by law.

21. Indemnification

21.1. By Customer.Customer will defend, indemnify, and hold harmless SenderKit, its affiliates, and their respective officers, directors, employees, and agents from and against any and all third-party claims, actions, demands, investigations, and proceedings, and all related damages, fines, penalties, settlements, costs, and reasonable attorneys’ fees, arising out of or related to: (a) Customer Content; (b) any message dispatched, attempted, or hosted via the Services on Customer’s behalf, including claims by Recipients or regulators (including TCPA, CAN-SPAM, CASL, GDPR, ePrivacy, consumer-protection, or wiretap claims); (c) Customer’s breach of Sections 4.3, 5, 6, 7, 14, or 22; (d) Customer’s violation of any law or third-party right; (e) Customer’s use of Third-Party Providers; (f) Customer’s use, distribution, or sending of AI Output; and (g) any dispute between Customer and a Recipient, end user, or other third party.

21.2. By SenderKit (IP indemnity).SenderKit will defend Customer against any third-party claim that Customer’s authorized use of the Services (excluding Customer Content, Third-Party Providers, Beta Features, AI Output, modifications, and combinations with non-SenderKit items) infringes such third party’s U.S. patent, copyright, or trademark, and will pay finally awarded damages or settlement, subject to the cap in Section 20. SenderKit’s obligation does not apply where the infringement results from any of the foregoing exclusions or from Customer’s failure to use a non-infringing update we make available.

21.3. Sole remedy. If the Services are or are likely to be enjoined, SenderKit may (a) procure the right for Customer to continue using them, (b) modify them to be non-infringing, or (c) terminate the affected Services and refund pre-paid, unused fees. Section 21.2 states SenderKit’s sole liability and Customer’s exclusive remedy for any IP infringement claim.

21.4. Procedure.The indemnified party must (a) promptly notify the indemnifying party in writing, (b) tender sole control of defense and settlement (provided that no settlement imposing liability or admission on the indemnified party may be made without consent), and (c) reasonably cooperate at the indemnifying party’s expense.

22. Export Controls, Sanctions & Anti-Corruption

22.1. Export. Customer will comply with all applicable U.S. and foreign export, re-export, and sanctions laws, including the U.S. Export Administration Regulations, the International Traffic in Arms Regulations, and OFAC-administered sanctions.

22.2. Restricted parties / regions. Customer represents that it is not, and is not acting on behalf of any person or entity that is, (a) located in, organized under the laws of, or ordinarily resident in a country or region subject to comprehensive U.S. sanctions (currently including Cuba, Iran, North Korea, Syria, and the Crimea, Donetsk, Luhansk, and Kherson regions of Ukraine), (b) on any U.S. or other applicable restricted-party list, or (c) otherwise prohibited from receiving the Services. Customer will not send messages to, or use the Services on behalf of, any such party or region.

22.3. Anti-corruption. Customer will comply with the U.S. Foreign Corrupt Practices Act, the UK Bribery Act, and analogous anti-corruption laws.

22.4. Government end users.The Services are “commercial computer software” and “commercial computer software documentation” as defined in FAR and DFARS, provided to U.S. Government end users with only those rights granted to all other end users.

23. Force Majeure

Neither party is liable for any failure or delay in performance (other than payment obligations) caused by events outside its reasonable control, including acts of God, natural disasters, war, terrorism, civil unrest, government action, public-health emergencies, labor disputes, internet or telecommunications failures, cyber attacks, denial-of-service events, supply-chain failures, third-party-provider outages, AI-model-provider outages, or carrier or platform decisions.

24. Term, Survival & Effect of Termination

24.1. Term. These Terms apply from acceptance until terminated as provided herein.

24.2. Survival.The following Sections survive termination or expiration: 2 (Definitions), 4.3 (Restrictions), 5.4 (Content License, as to residual operational copies), 13.5–13.6 (Effect of Termination), 14 (Fees, as to amounts accrued), 15 (IP & Feedback), 16 (Confidentiality), 17 (Privacy, as required by DPA/law), 19 (Disclaimers), 20 (Liability), 21 (Indemnification), 22 (Export), 24 (Survival), 25 (Governing Law & Arbitration), and 27 (General).

25. Governing Law; Arbitration; Class Waiver

25.1. Governing law. These Terms are governed by the laws of the State of Wyoming, excluding its conflict-of-laws rules and the U.N. Convention on Contracts for the International Sale of Goods.

25.2. Informal resolution. Before initiating any formal proceeding, the parties will attempt in good faith to resolve disputes by written notice to legal@senderkit.com and a thirty (30) day negotiation period.

25.3. Binding arbitration. Any dispute, claim, or controversy arising out of or relating to these Terms or the Services will be finally settled by binding arbitration administered by JAMS under its Streamlined Arbitration Rules for claims under US$250,000 and its Comprehensive Rules otherwise. The arbitration will be conducted in English by videoconference where the rules permit; if an in-person hearing is required, the seat of arbitration is Sheridan or Cheyenne, Wyoming. Judgment on the award may be entered in any court of competent jurisdiction.

25.4. Carve-outs. Either party may (a) seek injunctive or equitable relief in any court of competent jurisdiction to protect intellectual property, Confidential Information, or to address security or AUP breaches, and (b) bring an individual action in small-claims court for qualifying disputes.

25.5. Class & jury waiver. The parties waive any right to a jury trial and to participate as a plaintiff or class member in any class, collective, consolidated, or representative action. Arbitration will be conducted on an individual basis only. If this class waiver is held unenforceable as to a particular claim, that claim must be litigated in court, but the remainder of this Section 25 remains in force.

25.6. Opt-out. Customer may opt out of Section 25.3 by emailing legal@senderkit.comwithin thirty (30) days of first acceptance with the subject line “Arbitration Opt-Out” and identifying the account; in that case, Section 25.7 applies.

25.7. Court alternative. If arbitration is opted out of or held unenforceable, the parties consent to exclusive jurisdiction in the state and federal courts located in Sheridan County, Wyoming.

26. Changes to the Terms

26.1. Updates.We may update these Terms from time to time. The “Last updated” date will reflect changes. For material changes adverse to Customer, we will give at least thirty (30) days’ notice via email or in-product notice before the change takes effect.

26.2. Continued use = acceptance.Continued use of the Services after the effective date constitutes acceptance. If Customer does not agree, Customer’s exclusive remedy is to stop using the Services and terminate as provided in Section 13.

27. General Provisions

27.1. Independent contractors. The parties are independent contractors. Nothing creates a partnership, joint venture, agency, fiduciary, or employment relationship.

27.2. No third-party beneficiaries. These Terms do not confer any rights on any third party, including Recipients.

27.3. Assignment.Customer may not assign these Terms without SenderKit’s prior written consent (such consent not to be unreasonably withheld for assignment to a successor by merger, acquisition, or sale of substantially all assets, provided that the assignee is not a competitor of SenderKit). SenderKit may assign freely.

27.4. Notices. Notices to SenderKit must be sent to legal@senderkit.com with a copy to the registered office. Notices to Customer may be given by email to the account contact or in-product notice and are deemed received when sent.

27.5. Severability. If any provision is held unenforceable, the remainder remains in effect, and the unenforceable provision is reformed to the minimum extent necessary.

27.6. No waiver. Failure to enforce any right is not a waiver.

27.7. Entire agreement. These Terms (together with any Order Form, the DPA, the AUP, and the Privacy Notice) constitute the entire agreement between the parties and supersede all prior or contemporaneous communications on the subject matter. Any conflicting or additional terms in a purchase order or vendor onboarding portal are rejected unless we expressly agree in writing.

27.8. Headings. Headings are for convenience only.

27.9. Counterparts; electronic signatures. These Terms may be accepted electronically and in counterparts, each of which is an original.

27.10. Construction.“Including” and “such as” are non-exhaustive. Each party has had the opportunity to consult counsel; no rule of construction against the drafter applies.

28. Contact

Neurabyte LLC (dba SenderKit)

1309 Coffeen Avenue, STE 1200
Sheridan, WY 82801
United States

Contact addresses