Terms of Service

1. Agreement to Terms

By accessing or using senderZ ("the Service"), 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 apply to all users, including developers, businesses, and any other individuals or organizations that access the Service.

2. Description of Service

senderZ is a messaging API platform that enables sending and receiving iMessage, RCS, and SMS through a REST API. The Service routes messages through physical iPhone hardware and provides developer tools including SDKs, a Model Context Protocol (MCP) server, and a no-code interface for non-technical users. senderZ is designed as a Twilio and Sendblue alternative for developers and businesses who need reliable, multi-channel messaging capabilities.

3. Account Registration

Accounts are created and managed through Clerk, our third-party authentication provider. You are responsible for maintaining the security of your account credentials, including your API keys. You agree to notify us immediately at [email protected] if you become aware of any unauthorized access to your account. senderZ is not liable for any loss or damage arising from your failure to protect your credentials. You must provide accurate and complete information when creating your account and keep it up to date.

4. Acceptable Use

You agree to use senderZ only for lawful purposes and in accordance with these Terms. You must not use the Service to:

• Send spam, unsolicited commercial messages, or messages to recipients who have not consented to receive them
• Send illegal, harmful, threatening, abusive, harassing, defamatory, or otherwise objectionable content
• Violate any applicable law or regulation, including but not limited to the Telephone Consumer Protection Act (TCPA), CAN-SPAM Act, CTIA guidelines, and any state or local messaging laws
• Ignore or circumvent recipient opt-out requests — you must honor all STOP and unsubscribe requests immediately
• Send messages to numbers on the National Do Not Call Registry for marketing purposes without proper consent
• Impersonate any person or entity or falsely represent your affiliation with any person or entity
• Transmit malware, phishing content, or any material intended to harm end users
• Violate Apple's acceptable use policies for iMessage

You are solely responsible for obtaining proper consent from all message recipients before sending marketing communications. senderZ provides compliance tools (opt-out tracking, quiet hours enforcement, consent logging) to assist you, but compliance with applicable law remains your responsibility.

5. API Usage

Access to the senderZ API is subject to the following rules:

• Rate limits are enforced per API key as specified in your plan. Exceeding rate limits will result in temporary request blocking.
• You may not use automated tools or scripts to abuse, overload, or circumvent the API's intended functionality.
• You may not reverse engineer, decompile, or attempt to extract the source code of the Service.
• You may not resell or sublicense access to the senderZ API or infrastructure to third parties without express written authorization from senderZ.
• API keys must be kept confidential. Do not embed API keys in client-side code, public repositories, or other publicly accessible locations.
• Usage that violates these Terms may result in immediate suspension or termination of your account.

6. Payment Terms

senderZ offers a 14-day free trial and paid subscription plans billed monthly. All payments are processed through Stripe, our third-party payment processor.

• Billing cycle: Paid plans are billed monthly on the anniversary of your subscription start date.
• Free trial: Every new account receives a 14-day free trial with Starter-level access (1,000 messages/month). No credit card required to start. At the end of the trial, choose a paid plan to continue sending. If no payment method is on file, messaging is paused but your account remains accessible.
• Overages: If you exceed your plan's monthly message quota, overage messages are billed at the published per-message rate for your plan. Overage charges are invoiced at the end of each billing cycle.
• Non-payment: Failure to pay outstanding invoices may result in suspension of your account until payment is received. Accounts suspended for more than 14 days may be terminated.
• Refunds: Monthly subscription fees are non-refundable except as required by law. If you believe you have been charged in error, contact us at [email protected] within 14 days of the charge.

7. Intellectual Property

senderZ and its licensors retain all right, title, and interest in the Service, including all software, systems, APIs, infrastructure, branding, and documentation. Nothing in these Terms grants you any right, title, or license to the Service beyond the limited right to use it as permitted herein. You own your application, your integration code, and your use of the senderZ API. You grant senderZ a limited license to process your data solely to provide the Service.

8. Data Ownership

You retain full ownership of all data you submit to senderZ, including your contacts, message content, templates, and configuration. senderZ does not claim any ownership rights over your data or messages. We process your data only as necessary to provide the Service and as described in our Privacy Policy. You may export or delete your data at any time through the dashboard or API.

9. Service Availability

senderZ aims to maintain high availability and reliability of the Service. However:

• We do not guarantee 100% uptime or uninterrupted access to the Service.
• Trial accounts are provided on a best-effort basis with no uptime commitment or service level agreement (SLA).
• Paid plans receive best-effort reliability with no formal SLA unless otherwise agreed in writing.
• Scheduled maintenance will be communicated in advance where possible.
• Service availability may be affected by factors outside our control, including Apple infrastructure changes, carrier restrictions, or internet outages.

10. Termination

Either party may terminate these Terms at any time:

• By you: You may cancel your account at any time through the billing portal. Cancellation takes effect at the end of the current billing period.
• By senderZ: We may suspend or terminate your account immediately if we determine, in our sole discretion, that you have violated these Terms, engaged in fraudulent activity, or pose a risk to the Service or other users.
• Data after termination: Following termination, your data will be available for export for up to 14 days. After 14 days, your data will be deleted from our systems. We cannot recover data after deletion.
• Effect of termination: All rights granted to you under these Terms will immediately terminate. Provisions that by their nature should survive termination (including limitations of liability, governing law, and dispute resolution) will continue to apply.

11. Limitation of Liability

To the maximum extent permitted by applicable law:

• senderZ's total cumulative liability to you for any claims arising from or related to these Terms or the Service will not exceed the total fees you paid to senderZ in the 12 months preceding the event giving rise to the claim.
• senderZ will not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to lost profits, lost revenue, lost data, or business interruption, even if senderZ has been advised of the possibility of such damages.
• senderZ is not liable for any damages arising from your failure to comply with TCPA, CAN-SPAM, or other applicable laws.
• senderZ is not liable for disruptions caused by Apple platform changes, carrier restrictions, or any action by a third-party provider outside our reasonable control.

Some jurisdictions do not allow the exclusion of certain warranties or limitation of liability. In such jurisdictions, our liability is limited to the maximum extent permitted by law.

12. Changes to Terms

We may update these Terms from time to time. When we make material changes, we will notify you by email at least 14 days before the changes take effect. Your continued use of the Service after the effective date of updated Terms constitutes your acceptance of those changes. If you do not agree to the updated Terms, you must stop using the Service before the effective date of the changes.

13. Governing Law

These Terms are governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law principles. Any disputes arising from these Terms or the Service will be subject to the exclusive jurisdiction of the state and federal courts located in Delaware. If you are located outside the United States, you consent to the jurisdiction of these courts.

14. Contact

If you have questions about these Terms or the Service, please contact us at [email protected].