Terms of Service

1. Agreement

By creating an account or using Senderkit, you agree to these Terms of Service and our Privacy Policy. If you are using Senderkit on behalf of an organisation, you represent that you have authority to bind that organisation to these terms.

2. Service description

Senderkit provides an email marketing platform including email campaign creation, AI-assisted content generation, subscriber management, and email delivery through our delivery network and subprocessors. We reserve the right to modify, suspend, or discontinue features with reasonable notice.

3. Your account

• You must provide a valid email address and accurate information
• You are responsible for maintaining the security of your account credentials
• You must notify us immediately of any unauthorised access
• One person or entity per account — accounts cannot be shared

4. Acceptable use

You agree not to use Senderkit to:

• Send unsolicited email (spam) or email to purchased, rented, or scraped lists
• Send content that is illegal, harmful, threatening, abusive, or defamatory
• Impersonate another person or entity
• Violate CAN-SPAM, CASL, or any applicable anti-spam law
• Transmit malware, phishing attempts, or malicious content
• Interfere with or disrupt the service infrastructure

We reserve the right to suspend or terminate accounts that violate these terms or engage in sending practices that harm deliverability for other users.

5. Sending limits & warm-up

To protect deliverability for all customers, new and reactivated accounts are subject to initial sending limits that increase gradually as your sender reputation is established. Limits may apply to daily send volume, campaign size, and API throughput regardless of your plan tier.

• New accounts may start with conservative caps until domain authentication and sending patterns are verified
• We may throttle or pause sends if bounce or complaint rates exceed industry thresholds
• We may require a verified sending domain before marketing sends are enabled
• Limits are adjusted automatically based on delivery metrics — contact support if you need a legitimate increase

These measures apply in addition to your plan's included email allowance and are not a substitute for obtaining proper consent from recipients (see Section 6).

6. Consent acknowledgment & enforcement

When you import contacts — whether by CSV upload, manual entry, or any other method — you are required to confirm:

"I confirm everyone on this list has given permission to receive emails from me. I did not purchase this list or scrape these addresses."

This confirmation is a binding representation. By checking the consent box, you warrant that every recipient on your list has affirmatively opted in to receive email communications from you (or your organisation), and that you can demonstrate proof of consent if requested. Acceptable proof includes sign-up form logs, double opt-in confirmation records, or documented existing customer relationships.

Consequences of violation

If we determine — through complaint monitoring, bounce analysis, abuse reports, or any other means — that you imported contacts without proper permission, the following consequences apply immediately and without prior notice:

• Immediate account suspension — your ability to send emails will be revoked and your account placed in restricted mode
• Sending privileges permanently revoked — we may, at our sole discretion, permanently terminate your account without the option to create a new one
• Subscriber data purged — all imported contact lists and associated subscriber data may be permanently deleted to protect those individuals from further unsolicited contact
• No refund — any prepaid subscription fees for the current billing period are forfeited and non-refundable
• Reporting to authorities — we may report egregious violations (large-scale spam, purchased lists, deceptive practices) to relevant regulatory bodies, including data protection authorities and CAN-SPAM enforcement agencies
• Liability for damages — you agree to indemnify Senderkit for any costs, fines, or damages we incur as a result of your violation, including but not limited to infrastructure costs, legal fees, and penalties imposed by email service providers or regulators

We actively monitor bounce rates, complaint rates, and spam trap hits across all accounts. Accounts exceeding industry thresholds (bounce rate above 5% or complaint rate above 0.1%) will be automatically flagged for review. Senderkit uses automated deliverability monitoring, suppression lists, and may suspend sending to protect recipients and platform reputation.

7. Your data

You retain ownership of all content and subscriber data you upload to Senderkit. We process your data only to provide the service, as described in our Privacy Policy.

• You can export all your data at any time (Settings → Export Data)
• You can delete your account and all associated data at any time
• Upon termination, we delete your data within 30 days unless required by law to retain it

8. Data processing

When you use Senderkit to send emails, you act as the data Controller and Senderkit acts as the data Processor where applicable. You are responsible for:

• Having a lawful basis to email your subscribers
• Providing clear privacy notices to your subscribers
• Honoring unsubscribe requests (Senderkit handles this automatically)

9. Billing & payments

• Plans are billed monthly. Prices are in USD
• Overages are billed at the rate specified for your plan tier
• You can cancel at any time — service continues until end of billing period
• Refunds are not provided for partial months of service
• We may change pricing with 30 days notice

10. AI-generated content

Senderkit offers AI features powered by Anthropic Claude. When you use AI generation:

• You own the generated content and are responsible for reviewing it before sending
• No personally identifiable subscriber data is sent to AI providers
• AI-generated content may not always be accurate — review before sending
• AI credits are consumed per generation and reset monthly

11. Availability & liability

We aim for high availability but do not guarantee uninterrupted service. Senderkit is provided "as is" without warranties of any kind. Our total liability is limited to the amount you paid us in the 12 months preceding the claim.

12. Termination

Either party may terminate at any time. You can delete your account from Settings. We may terminate or suspend your account if you violate these terms, with notice where practicable. Upon termination, you can export your data before account deletion.

For violations of Section 6 (Consent acknowledgment), termination may occur immediately and without notice, at our sole discretion. See Section 6 for the full list of consequences.

13. Governing law

These terms are governed by the laws of New Zealand. Hatched Digital Ltd operates Senderkit from New Zealand. For EEA-based users, nothing in these terms affects your statutory rights under applicable privacy law.

14. Changes

We may update these terms with 30 days notice via email. Continued use of the service after changes take effect constitutes acceptance.