Terms of Service

1. Acceptance of Terms

By accessing or using sendm ("the Service"), operated by SENDM INC., you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use the Service. These Terms constitute a legally binding agreement between you and SENDM INC.

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

You must be at least 13 years of age to use the Service. By using the Service, you represent and warrant that you meet this age requirement. If you are under 18, you must have the consent of a parent or legal guardian to use the Service.

3. Description of Service

sendm is a messaging platform that enables businesses to communicate with their customers through social media channels, including Instagram (Meta), TikTok, LinkedIn, and X (formerly Twitter). The Service includes AI-powered automated response generation, conversation management, and analytics features.

The Service uses artificial intelligence to automatically generate and send message responses on behalf of connected business accounts. Messages may be sent without individual human review prior to delivery.

4. Account Registration

To use the Service, you must create an account and provide accurate, complete information. You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Notifying us immediately of any unauthorized use
• Ensuring your account information remains current

5. Acceptable Use

You agree NOT to use the Service to:

• Violate any applicable laws or regulations
• Infringe on the rights of others
• Send spam, unsolicited messages, or harassing content
• Distribute malware, viruses, or harmful code
• Attempt to gain unauthorized access to systems or data
• Impersonate any person or entity
• Interfere with the proper functioning of the Service
• Violate the terms of any connected social media platform, including but not limited to Meta's Platform Terms, Instagram Terms of Use, TikTok Developer Terms, LinkedIn API Terms of Use, X Developer Agreement, or their respective community guidelines
• Use automated messaging outside the permitted messaging windows of each platform (e.g., Meta's 24-hour standard window, TikTok's 48-hour window, or other platform-specific limits)
• Misuse message tags, platform features, or API permissions
• Conduct surveillance, intelligence gathering, or monitoring of social media users
• Use platform data for eligibility determinations related to housing, employment, credit, or insurance
• Use data obtained through the Service to train, fine-tune, or improve any artificial intelligence or machine learning models

6. Third-Party Platforms

The Service integrates with third-party platforms including Meta (Instagram, Facebook), TikTok, LinkedIn, and X (formerly Twitter). Your use of these integrations is subject to:

• Meta's Platform Terms and Policies
• Instagram Terms of Use and Community Guidelines
• TikTok Developer Terms of Service and Community Guidelines
• LinkedIn API Terms of Use and User Agreement
• X Developer Agreement and Policy
• Any other applicable platform-specific guidelines

We are not responsible for changes to third-party platforms that may affect the Service. You acknowledge that these platforms may suspend, limit, or terminate your access at their discretion. Each platform has its own messaging windows, rate limits, and content policies that you must comply with.

7. AI-Generated Content and Automated Messaging

The Service uses artificial intelligence to automatically generate and send message responses. You acknowledge and agree that:

• AI-generated content may contain errors or inaccuracies
• You are responsible for configuring, monitoring, and overseeing the AI-generated responses sent through your account. Messages may be sent automatically without individual human review.
• You remain liable for all messages sent through your account, regardless of whether they were AI-generated or manually composed
• AI responses should not be relied upon for professional advice (legal, medical, financial, etc.)
• Your message content and conversation data are not used to train, fine-tune, or improve any AI or machine learning models
• Where required by platform policies, you must disclose to end users that they are interacting with an AI-powered system and provide a path to human assistance

7.1 Bot Account Disclosure

Certain platforms (including X/Twitter) require that automated or bot accounts clearly disclose their automated nature. You are responsible for ensuring that any accounts using automated messaging through the Service comply with the disclosure requirements of each connected platform, including but not limited to profile bio disclosures and bot labels where available.

8. Intellectual Property

8.1 Our Property

The Service, including its original content, features, and functionality, is owned by SENDM INC. and is protected by intellectual property laws. You may not copy, modify, distribute, sell, or lease any part of the Service without our written consent.

8.2 Your Content

You retain ownership of content you create or upload. By using the Service, you grant us a limited license to use, store, and process your content solely to provide the Service.

9. Payment Terms

If you subscribe to a paid plan:

• Fees are billed in advance on a recurring basis
• All fees are non-refundable unless otherwise stated
• We may change pricing with 30 days' notice
• Failure to pay may result in suspension or termination of your account

10. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

We do not warrant that:

• The Service will be uninterrupted, secure, or error-free
• Results obtained from the Service will be accurate or reliable
• Any defects will be corrected
• The Service will meet your specific requirements
• AI-generated responses will be accurate, appropriate, or complete

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SENDM INC. AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE.

IN NO EVENT SHALL OUR TOTAL LIABILITY EXCEED THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.

12. Indemnification

You agree to indemnify, defend, and hold harmless SENDM INC. and its affiliates from any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising out of or related to:

• Your use of the Service
• Your violation of these Terms
• Your violation of any third-party rights or platform terms
• Content you transmit through the Service
• AI-generated messages sent through your account

13. Termination

We may suspend or terminate your access to the Service at any time, with or without cause, with or without notice. Upon termination:

• Your right to use the Service will immediately cease
• We will delete your data after a reasonable retention period, in accordance with our Privacy Policy and applicable platform data deletion requirements
• Provisions that by their nature should survive termination shall survive

You may terminate your account at any time by contacting us or through account settings.

14. Governing Law and Disputes

These Terms shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law provisions.

Any disputes arising from these Terms or your use of the Service shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. You waive any right to participate in a class action lawsuit or class-wide arbitration.

15. Changes to Terms

We reserve the right to modify these Terms at any time. We will provide notice of material changes by posting the updated Terms and updating the "Last updated" date. For material changes, we will also provide notice through the platform or via email. Your continued use of the Service after changes constitutes acceptance of the new Terms.

16. Severability

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

17. Contact Information

For questions about these Terms, please contact us at:

SENDM INC.
Email: legal@sendm.ai
Address: 327 Plaza Real #215, Boca Raton, FL 33432