Terms of Service
Effective date: August 16, 2026
These Terms of Service ("Terms") are a binding agreement between you ("Customer," "you") and SENDONE LLC, a Wyoming limited liability company ("SendOne," "we," "us"), governing your access to and use of the SendOne platform, APIs, MCP server, documentation and websites (the "Services").
By creating an account, accessing the Services, or clicking to accept, you agree to these Terms. If you are agreeing on behalf of an organisation, you represent that you have authority to bind it.
1. The Services
SendOne provides a marketing messaging platform that lets customers create, preview, approve, send and measure messaging campaigns across supported channels. We may add, modify or discontinue features. We will not materially reduce core functionality during a paid term without notice.
2. Accounts
You must provide accurate registration information and keep it current. You are responsible for all activity under your account and for safeguarding credentials and API keys. Notify us promptly at support@sendone.ai of any unauthorised use.
3. Customer Data
"Customer Data" means data you or your end users submit to the Services, including contact records, consent records, message content and campaign configuration.
You retain all rights in Customer Data. You grant SendOne a non-exclusive, worldwide licence to host, process, transmit and display Customer Data solely to provide the Services, maintain security, comply with law, and improve the Services in aggregated, de-identified form.
As between the parties, you are the controller of Customer Data and SendOne is a processor. Our processing is governed by these Terms and our Privacy Policy.
4. Customer compliance obligations
This section is material to the agreement. Messaging is a regulated activity and you, not SendOne, are the sender of your messages.
You represent, warrant and covenant that:
- Consent. You have obtained and can evidence valid, express, prior consent from every recipient, in the manner required by applicable law and carrier rules, before any message is sent. You maintain records of that consent, including date, time, source, method and the disclosure text presented.
- Disclosures. Your opt-in mechanism discloses the program, that message frequency varies, that message and data rates may apply, and how to obtain help and opt out, and links to your privacy policy and terms.
- Opt-outs. You honour all opt-out requests promptly and do not attempt to contact a recipient who has opted out through any alternative means.
- Accuracy. Message content matches the use case and sample messages registered with carriers and The Campaign Registry, and you will re-register before materially changing them.
- Registration. You provide accurate information for brand and campaign registration and will not misrepresent your identity, business, or use case.
- Legal compliance. You comply with all applicable laws and rules, including the TCPA, CAN-SPAM, CTIA Messaging Principles and Best Practices, carrier requirements, state telemarketing laws, CASL where applicable, and applicable data protection law.
- No prohibited content. See Section 5.
SendOne's compliance controls are a safeguard, not a substitute for your obligations. Our platform enforces consent checks, quiet hours, opt-out handling and spend caps, but you remain solely responsible for the lawfulness of your messaging.
5. Acceptable use
You will not, and will not permit anyone to:
- Send unsolicited messages, spam, or messages to recipients who have not consented or who have opted out
- Send content that is unlawful, fraudulent, deceptive, harassing, defamatory, obscene, or that promotes violence or discrimination
- Send content relating to categories prohibited by carriers, including but not limited to illegal substances, illegal firearms, hate speech, phishing, high-risk financial offers, and content commonly designated "SHAFT"
- Conceal or misrepresent the identity of the sender, or use another party's brand or number without authorisation
- Use the Services to circumvent carrier filtering, rate limits, registration requirements, or any SendOne compliance control
- Distribute malware, attempt unauthorised access, probe or test the vulnerability of the Services, or interfere with their operation
- Reverse engineer, resell, or provide the Services to a third party except as expressly permitted
- Exceed documented rate limits or use the Services in a way that degrades them for others
We may suspend or terminate access immediately, without notice, for a violation of this Section or where required by a carrier or regulator.
6. Fees and payment
Fees are as stated in your order or on our pricing page and may include subscription fees and usage-based charges for messages sent. Usage is metered by the Services and our records are the authoritative measure absent manifest error.
Unless stated otherwise: fees are in U.S. dollars, invoiced in advance for subscriptions and in arrears for usage, due on receipt, non-refundable, and exclusive of taxes. Late amounts may accrue interest at the lesser of 1.5% per month or the maximum permitted by law. We may suspend Services for non-payment after notice.
Certain third-party pass-through costs — including carrier fees and brand and campaign registration fees — are charged at cost or as disclosed, and are non-refundable once incurred.
7. Third-party providers
The Services route messages through third-party telecommunications and messaging providers. Delivery depends on those providers and on mobile carriers. SendOne does not guarantee delivery, delivery time, or deliverability, and is not responsible for delays, failures, filtering or blocking by any carrier or provider.
8. Intellectual property
SendOne and its licensors own all right, title and interest in the Services, including software, documentation, and all improvements. Subject to these Terms and payment of fees, we grant you a limited, non-exclusive, non-transferable, revocable licence to access and use the Services during your subscription term. No rights are granted except as expressly stated.
Feedback you provide may be used by us without restriction or obligation.
9. Confidentiality
Each party will protect the other's non-public information disclosed under these Terms with at least reasonable care, use it only to perform under these Terms, and disclose it only to personnel and advisers with a need to know who are bound by comparable obligations. This does not apply to information that is public, independently developed, rightfully received from a third party, or required to be disclosed by law.
10. Term, suspension and termination
These Terms run from your first use until terminated. Either party may terminate a subscription at the end of its then-current term with notice as stated in the order. We may suspend or terminate immediately for material breach, non-payment after notice, violation of Section 4 or 5, or where required by law, a carrier, or a regulator.
On termination, your right to access the Services ends. We will make Customer Data available for export for 30 days, after which we may delete it — except consent, opt-out, suppression and audit records, which we retain as described in the Privacy Policy and as required by carrier and regulatory rules.
11. Disclaimers
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, SENDONE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR THAT ANY MESSAGE WILL BE DELIVERED.
SendOne does not provide legal advice. Nothing in the Services or documentation is legal advice regarding TCPA, CTIA, carrier rules or data protection law. You should consult your own counsel.
12. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, DATA OR GOODWILL, EVEN IF ADVISED OF THE POSSIBILITY.
EXCEPT FOR YOUR PAYMENT OBLIGATIONS AND YOUR OBLIGATIONS UNDER SECTIONS 4, 5 AND 13, EACH PARTY'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS WILL NOT EXCEED THE AMOUNTS PAID OR PAYABLE BY YOU TO SENDONE IN THE TWELVE MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
13. Indemnification
You will defend, indemnify and hold harmless SendOne, its affiliates, officers and employees from any claim, demand, fine, penalty, loss or expense (including reasonable legal fees) arising out of or relating to: (a) Customer Data; (b) your messages, including any claim that a recipient did not consent; (c) your breach of Section 4 or 5; (d) your violation of applicable law or carrier rules; or (e) your violation of a third party's rights.
We will defend, indemnify and hold you harmless from third-party claims that the Services, as provided by us and used in accordance with these Terms, infringe a U.S. patent, copyright or trademark, subject to our right to modify or replace the Services or terminate and refund prepaid unused fees.
The indemnified party must give prompt notice, allow the indemnifying party to control the defence, and provide reasonable cooperation.
14. Changes to these Terms
We may update these Terms. We will post the revised version with a new effective date and, for material changes, provide at least 30 days' notice for paid accounts. Continued use after the effective date constitutes acceptance.
15. General
Governing law and venue. These Terms are governed by the laws of the State of Wyoming, without regard to conflict-of-laws rules. The parties submit to the exclusive jurisdiction of the state and federal courts located in Wyoming.
Assignment. You may not assign these Terms without our prior written consent, except to a successor in a merger or sale of substantially all assets. We may assign freely.
Force majeure. Neither party is liable for failure to perform due to causes beyond its reasonable control.
Severability and waiver. If any provision is unenforceable, the rest remains in effect. Failure to enforce is not a waiver.
Entire agreement. These Terms, the Privacy Policy, the SMS Terms and any order form are the entire agreement and supersede prior discussions.
Notices. To SendOne at support@sendone.ai and the address below; to you at the email on your account.
SENDONE LLC 1621 Central Ave, Cheyenne, WY 82001, United States support@sendone.ai