Terms of Service

These Terms of Service ("Terms") constitute a legally binding agreement between you ("you", "your", "Customer") and Sendifai Limited ("Sendifai", "we", "us", "our"), a company registered in England and Wales (Company No. 16990374), with registered address at Suite 111, 60 Tottenham Court Road, London, W1T 2EW, United Kingdom.

By accessing or using our website at www.sendifai.com ("Website") or our platform ("Platform"), you agree to be bound by these Terms. If you do not agree, do not use the Website or Platform.

1. Definitions

"Account" means your registered account on the Platform.

"Contacts" means the individuals whose personal data you upload to, store on, or manage through the Platform.

"Content" means any data, text, images, files, or other materials you upload to or create on the Platform.

"Messages" means emails, SMS messages, WhatsApp messages, push notifications, or other communications sent through the Platform.

"Plan" means the subscription plan you select, as described on our Pricing page.

"Services" means the Platform, Website, and all related features, tools, and functionality provided by Sendifai.

"Add-ons" means optional modules available in addition to your base Plan, such as CRM, Advanced CRM, SMS, WhatsApp, and AI credits.

2. Account Registration

2.1 You must provide accurate, complete, and current information when creating an Account. You are responsible for maintaining the accuracy of this information.

2.2 You must be at least 18 years of age and have the legal authority to enter into these Terms on behalf of yourself or the organisation you represent.

2.3 You are responsible for maintaining the confidentiality of your Account credentials and for all activity that occurs under your Account. You must notify us immediately at support@sendifai.com if you become aware of any unauthorised use.

2.4 One Account per organisation. You may not create multiple Accounts to circumvent Plan limits or enforcement actions.

3. Services

3.1 Sendifai provides an AI-native email marketing, CRM, and multi-channel communications platform. The Platform supports email campaigns, SMS messaging, WhatsApp messaging, push notifications, contact management, pastoral care tools, automation workflows, analytics, and AI-powered content generation.

3.2 Features and functionality vary by Plan and Add-ons. Not all features are available on all Plans.

3.3 We may modify, update, or discontinue features of the Services at any time. We will provide reasonable notice of material changes that negatively affect your use of the Services.

3.4 Free trial accounts are subject to usage limits and may be converted to paid Plans or terminated at the end of the trial period. Trial periods are 14 days unless otherwise stated.

4. Fees and Payment

4.1 Paid Plans are billed in advance on a monthly or annual basis as selected at the time of subscription. All fees are stated on our Pricing page at the time of purchase.

4.2 All fees are in British Pounds Sterling (GBP) unless otherwise stated.

4.3 Payment is processed by Stripe. By providing payment information, you authorise us to charge the applicable fees to your payment method on a recurring basis.

4.4 Add-ons are billed separately and may be added or removed through your Account settings. Changes take effect at the start of your next billing cycle.

4.5 AI credits beyond your Plan's included allowance are charged at the rate stated on our Pricing page.

4.6 Contact Overage Billing. If the number of active Contacts in your Account exceeds your Plan's included contact limit, you will be charged for overage contacts at the per-contact rate specified on our Pricing page for your Plan tier. Overage charges are calculated monthly based on your highest active contact count during the billing period. Overage fees are charged in arrears and appear on your next invoice. For Free plan users, a valid payment method is required to exceed the contact limit; contact creation is blocked without a payment method. If overage payments fail three consecutive times, contact creation and import functionality may be suspended until payment is resolved. You may avoid overage charges by upgrading to a Plan with a higher contact limit or by reducing your active contact count.

4.7 If payment fails, we will notify you and may suspend access to the Services until payment is received. We reserve the right to terminate your Account after 14 days of non-payment.

4.8 We may change our fees with at least 30 days' notice. Fee changes apply from the start of your next billing cycle after the notice period.

4.9 Fees are exclusive of VAT or other applicable taxes, which will be added where required by law.

4.10 Refunds. We do not offer refunds for partial billing periods. If you cancel your subscription, you retain access to the Services until the end of your current billing period. If you believe you have been charged in error, contact support@sendifai.com within 14 days.

5. Your Responsibilities

5.1 Legal compliance. You are responsible for ensuring that your use of the Services complies with all applicable laws and regulations, including but not limited to: the UK General Data Protection Regulation (UK GDPR), the Data Protection Act 2018, the Privacy and Electronic Communications Regulations 2003 (PECR), the CAN-SPAM Act (US), the Telephone Consumer Protection Act (TCPA, US), Canada's Anti-Spam Legislation (CASL), and any other applicable data protection, marketing, or communications laws.

5.2 Consent and permissions. You must have a lawful basis (such as consent or legitimate interest) for sending Messages to your Contacts. You are responsible for obtaining, recording, and managing consent where required by law.

5.3 Contact data. You are the data controller for the personal data of your Contacts that you upload to the Platform. You are responsible for the accuracy, lawfulness, and appropriate handling of this data. You must not upload data that you do not have the right to process.

5.4 Content. You are solely responsible for the Content you create, upload, or send through the Platform. Content must not violate our Acceptable Use Policy, any third party's rights, or applicable law.

5.5 Unsubscribes and complaints. You must honour unsubscribe requests promptly and in accordance with applicable law. Sendifai automatically processes unsubscribe requests for email campaigns. You must not re-add Contacts who have unsubscribed unless they provide fresh, explicit consent.

5.6 Account security. You must use reasonable security measures to protect your Account, including strong passwords and multi-factor authentication where available.

6. Acceptable Use

6.1 Your use of the Services is subject to our Acceptable Use Policy, which is incorporated into these Terms by reference.

6.2 Your use of the Services is also subject to our Anti-Spam Policy, which is incorporated into these Terms by reference.

6.3 Violation of either policy may result in immediate suspension or termination of your Account.

7. Intellectual Property

7.1 Our IP. Sendifai and its licensors own all intellectual property rights in the Services, including the Platform, Website, software, documentation, branding, and logos. Nothing in these Terms transfers any ownership to you.

7.2 Your Content. You retain ownership of all Content you upload to the Platform. By uploading Content, you grant Sendifai a limited, non-exclusive licence to use, process, store, and display that Content solely to provide the Services.

7.3 AI-generated content. Content generated by AI features is provided for your use. You are responsible for reviewing and ensuring the accuracy of AI-generated content before use. Sendifai does not claim ownership of AI-generated content produced at your request.

7.4 Feedback. If you provide suggestions, ideas, or feedback about the Services, we may use this feedback without obligation or compensation to you.

8. Data Protection

8.1 Our processing of personal data is governed by our Privacy Policy.

8.2 Where Sendifai processes personal data on your behalf as your data processor, the terms of our Data Processing Agreement apply.

8.3 You acknowledge that Sendifai uses sub-processors to deliver the Services, as listed in our Privacy Policy.

9. AI Features

9.1 The Platform includes AI-powered features, including but not limited to: Isla (AI assistant), AI content generation, and AI-powered analytics suggestions.

9.2 AI outputs are not guaranteed. AI-generated content may contain errors, inaccuracies, or inappropriate content. You are responsible for reviewing all AI-generated content before use. Sendifai is not liable for any consequences arising from your use of AI-generated content without review.

9.3 AI features use third-party providers (OpenAI and Anthropic). Data submitted to AI features is processed by these providers under data processing agreements. These providers are not permitted to use your data for training their models.

9.4 AI credit usage and limits are determined by your Plan. Usage beyond included allowances is charged at stated rates.

10. Service Availability and Support

10.1 We aim to provide the Services with reasonable uptime and reliability but do not guarantee uninterrupted or error-free access.

10.2 We may perform scheduled maintenance with reasonable advance notice. Emergency maintenance may occur without prior notice.

10.3 Support is provided via email at support@sendifai.com. Response times and support channels vary by Plan.

11. Suspension and Termination

11.1 By you. You may cancel your Account at any time through the Platform settings or by contacting support@sendifai.com. Cancellation takes effect at the end of your current billing period.

11.2 By us. We may suspend or terminate your Account immediately if:

• You breach these Terms, our Acceptable Use Policy, or our Anti-Spam Policy
• Your use poses a risk to our infrastructure, other customers, or third parties
• You fail to pay applicable fees after notice
• We are required to do so by law
• Your Account has been inactive for more than 12 consecutive months (free accounts only)

11.3 Effect of termination. Upon termination:

• Your access to the Services will cease
• You have 30 days to export your data using the Platform's export tools
• After 30 days, your data will be deleted unless retention is required by law
• Termination does not relieve you of any obligation to pay outstanding fees
• Sections 7, 13, 14, 15, and 16 survive termination

12. Account Inactivity

12.1 Free plan accounts that remain inactive (no logins) for 180 consecutive days may have their contact data archived.

12.2 We will send email warnings at 90, 120, 150, and 170 days of inactivity before any archival occurs.

12.3 Archived contacts are not deleted and can be restored at any time by logging into your account. When you log in after archival, you will see a banner with a one-click option to restore all your contacts.

12.4 This policy applies only to free plan accounts. Paid plan accounts are never subject to inactivity archival.

12.5 You may prevent archival at any time by logging into your account before the 180-day threshold.

13. Data Export

13.1 During your subscription and for 30 days after termination, you may export your data (including Contact data) using the Platform's export functionality.

13.2 Export is available in CSV format. Contact data exports include up to 62 fields covering identity, contact information, family relationships, membership, engagement, and pastoral care data.

13.3 After the 30-day post-termination period, data is deleted in accordance with our Privacy Policy.

14. Disclaimer of Warranties

14.1 The Services are provided "as is" and "as available" without warranties of any kind, whether express, implied, or statutory, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

14.2 We do not warrant that the Services will be uninterrupted, error-free, or that defects will be corrected. We do not warrant that AI-generated content will be accurate, complete, or fit for any particular purpose.

14.3 Email and message delivery is subject to factors beyond our control, including recipient server policies, spam filters, and network conditions. We do not guarantee delivery of any specific Message.

15. Limitation of Liability

15.1 To the fullest extent permitted by law, Sendifai's total aggregate liability under or in connection with these Terms shall not exceed the greater of: (a) the total fees paid by you to Sendifai in the 12 months preceding the claim; or (b) £100.

15.2 Sendifai shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, revenue, data, goodwill, or business opportunity.

15.3 Nothing in these Terms excludes or limits liability for: death or personal injury caused by negligence; fraud or fraudulent misrepresentation; or any other liability that cannot be excluded by law.

16. Indemnification

16.1 You agree to indemnify and hold harmless Sendifai, its officers, directors, employees, and agents from any claims, damages, losses, and expenses (including reasonable legal fees) arising from: your use of the Services; your Content or Messages; your breach of these Terms; your violation of any applicable law or third-party rights; or claims by your Contacts or Message recipients.

17. General

17.1 Governing law. These Terms are governed by the laws of England and Wales. Disputes shall be subject to the exclusive jurisdiction of the courts of England and Wales, except where consumer protection laws grant you the right to bring proceedings in your local courts.

17.2 Entire agreement. These Terms, together with our Privacy Policy, Cookie Policy, GDPR Compliance page, Data Processing Agreement, Acceptable Use Policy, and Anti-Spam Policy, constitute the entire agreement between you and Sendifai.

17.3 Severability. If any provision is found unenforceable, the remaining provisions continue in full force.

17.4 Waiver. Our failure to enforce any provision does not constitute a waiver.

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

17.6 Force majeure. We are not liable for failure or delay resulting from circumstances beyond our reasonable control.

17.7 Notices. Notices to Sendifai: legal@sendifai.com. Notices to you: the email address associated with your Account.

18. Contact Us