Terms of Service
Terms of Service
Terms of Service
Last updated: November 11th 2024
Last updated: November 11th 2024
Last updated: November 11th 2024
Last updated: November 11th 2024
These terms of service (the "Terms") between you and Sendr govern your access and use of the Services.
Please read these Terms and any additional terms applicable to your use of the Services before using them. By accessing or using the Services, you confirm your agreement to be bound by these Terms.
These terms of service (the "Terms") between you and Sendr govern your access and use of the Services.
Please read these Terms and any additional terms applicable to your use of the Services before using them. By accessing or using the Services, you confirm your agreement to be bound by these Terms.
These terms of service (the "Terms") between you and Sendr govern your access and use of the Services.
Please read these Terms and any additional terms applicable to your use of the Services before using them. By accessing or using the Services, you confirm your agreement to be bound by these Terms.
These terms of service (the "Terms") between you and Sendr govern your access and use of the Services.
Please read these Terms and any additional terms applicable to your use of the Services before using them. By accessing or using the Services, you confirm your agreement to be bound by these Terms.
Definitions
1.1. The definitions and rules of interpretation in this clause apply in these Terms.
"Affiliate" in relation to a party, any entity that directly or indirectly Controls, is Controlled by, or is under common Control with that party from time to time where "Control" means to directly or indirectly, (i) control more than fifty per cent (50%) of the voting rights in an entity; (ii) control the right to directly or indirectly appoint or remove more than fifty per cent (50%) of the directors of the board of directors of an entity; and/or (iii) control more than fifty per cent (50%) of the share capital or ownership interest in an entity and "Controls" and "Controlled" shall be construed accordingly
"Agreement" these Terms, the documents referred to in the Terms and the Commercial Terms.
"Commercial Terms" the commercial terms under which you and Sendr first agree details in relation to the Services including the Credit Allowances package and the Credit Fees: (a) when subscribing online and/or when selecting an additional Credit Allowance online; and/or (b) as otherwise agreed between you and Sendr in writing.
"Content" any data (including personal data), text, graphics, videos, images or other materials uploaded, collected, generated or stored by you, your Affiliates and your respective authorised users through use of the Services.
"Credit Allowances" number of credits purchased by you pursuant to clause 7 which entitle you to access and use features of the Services in a Relevant Period, up to the agreed consumption limits for that Relevant Period.
"Credit Fees" the credit fees payable by you to Sendr for the relevant Credit Allowance selected by you when subscribing for the Service or otherwise selected by you during your use of the Services in accordance with clause 7.6, as updated by us from time to time in accordance with clause 7.9.
"Data Protection Legislation" all applicable data protection and privacy legislation relating to the processing of personal data in connection with this agreement including the General Data Protection Regulation ((EU) 2016/679) ("GDPR"); UK GDPR (which has the meaning given in section 3(10) (as supplemented by section 205(4)) of the Data Protection Act 2018); the UK's Data Protection Act 2018 ("DPA 2018") (and regulations made thereunder) and the UK's Privacy and Electronic Communications Regulations 2003 (SI 2003/2426), in each case as amended, and the mandatory guidance and codes of practice issued by the UK's Information Commissioner or other relevant regulatory authority and applicable to a party; and "processor", "controller", "data subject", "personal data", "personal data breach", "processing" and "appropriate technical and organisational measures" shall have the meanings set out in the applicable Data Protection Legislation.
"Relevant Period" a monthly, quarterly or yearly period associated with your chosen subscription package, as agreed between the parties in the Commercial Terms and as otherwise updated in accordance with clause 7.8.
"Sendr", "we", "our" and "us" the provider of the Services, Intro Labs Ltd, trading as "Sendr", registered in England and Wales with registered number 15204378.
"Services" all features, tools and functionality which may be accessed through our website (https://sendr.io/), mobile applications and related APIs including data enrichment services, landing pages, animated thumbnails, video pitch recorder.
"you" and "your" means the contracting party who subscribes to use the Services.
1.2. Clause and paragraph headings shall not affect the interpretation of these Terms.
1.3. Unless the context otherwise requires:
1.3.1. a reference to a statute or statutory provision is a reference to it as amended, extended or re-enacted from time to time; and
1.3.2. any words following the terms "including", "include", "in particular", "for example" or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.
1.4. A reference to writing or written includes e-mail.
1.1. The definitions and rules of interpretation in this clause apply in these Terms.
"Affiliate" in relation to a party, any entity that directly or indirectly Controls, is Controlled by, or is under common Control with that party from time to time where "Control" means to directly or indirectly, (i) control more than fifty per cent (50%) of the voting rights in an entity; (ii) control the right to directly or indirectly appoint or remove more than fifty per cent (50%) of the directors of the board of directors of an entity; and/or (iii) control more than fifty per cent (50%) of the share capital or ownership interest in an entity and "Controls" and "Controlled" shall be construed accordingly
"Agreement" these Terms, the documents referred to in the Terms and the Commercial Terms.
"Commercial Terms" the commercial terms under which you and Sendr first agree details in relation to the Services including the Credit Allowances package and the Credit Fees: (a) when subscribing online and/or when selecting an additional Credit Allowance online; and/or (b) as otherwise agreed between you and Sendr in writing.
"Content" any data (including personal data), text, graphics, videos, images or other materials uploaded, collected, generated or stored by you, your Affiliates and your respective authorised users through use of the Services.
"Credit Allowances" number of credits purchased by you pursuant to clause 7 which entitle you to access and use features of the Services in a Relevant Period, up to the agreed consumption limits for that Relevant Period.
"Credit Fees" the credit fees payable by you to Sendr for the relevant Credit Allowance selected by you when subscribing for the Service or otherwise selected by you during your use of the Services in accordance with clause 7.6, as updated by us from time to time in accordance with clause 7.9.
"Data Protection Legislation" all applicable data protection and privacy legislation relating to the processing of personal data in connection with this agreement including the General Data Protection Regulation ((EU) 2016/679) ("GDPR"); UK GDPR (which has the meaning given in section 3(10) (as supplemented by section 205(4)) of the Data Protection Act 2018); the UK's Data Protection Act 2018 ("DPA 2018") (and regulations made thereunder) and the UK's Privacy and Electronic Communications Regulations 2003 (SI 2003/2426), in each case as amended, and the mandatory guidance and codes of practice issued by the UK's Information Commissioner or other relevant regulatory authority and applicable to a party; and "processor", "controller", "data subject", "personal data", "personal data breach", "processing" and "appropriate technical and organisational measures" shall have the meanings set out in the applicable Data Protection Legislation.
"Relevant Period" a monthly, quarterly or yearly period associated with your chosen subscription package, as agreed between the parties in the Commercial Terms and as otherwise updated in accordance with clause 7.8.
"Sendr", "we", "our" and "us" the provider of the Services, Intro Labs Ltd, trading as "Sendr", registered in England and Wales with registered number 15204378.
"Services" all features, tools and functionality which may be accessed through our website (https://sendr.io/), mobile applications and related APIs including data enrichment services, landing pages, animated thumbnails, video pitch recorder.
"you" and "your" means the contracting party who subscribes to use the Services.
1.2. Clause and paragraph headings shall not affect the interpretation of these Terms.
1.3. Unless the context otherwise requires:
1.3.1. a reference to a statute or statutory provision is a reference to it as amended, extended or re-enacted from time to time; and
1.3.2. any words following the terms "including", "include", "in particular", "for example" or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.
1.4. A reference to writing or written includes e-mail.
1.1. The definitions and rules of interpretation in this clause apply in these Terms.
"Affiliate" in relation to a party, any entity that directly or indirectly Controls, is Controlled by, or is under common Control with that party from time to time where "Control" means to directly or indirectly, (i) control more than fifty per cent (50%) of the voting rights in an entity; (ii) control the right to directly or indirectly appoint or remove more than fifty per cent (50%) of the directors of the board of directors of an entity; and/or (iii) control more than fifty per cent (50%) of the share capital or ownership interest in an entity and "Controls" and "Controlled" shall be construed accordingly
"Agreement" these Terms, the documents referred to in the Terms and the Commercial Terms.
"Commercial Terms" the commercial terms under which you and Sendr first agree details in relation to the Services including the Credit Allowances package and the Credit Fees: (a) when subscribing online and/or when selecting an additional Credit Allowance online; and/or (b) as otherwise agreed between you and Sendr in writing.
"Content" any data (including personal data), text, graphics, videos, images or other materials uploaded, collected, generated or stored by you, your Affiliates and your respective authorised users through use of the Services.
"Credit Allowances" number of credits purchased by you pursuant to clause 7 which entitle you to access and use features of the Services in a Relevant Period, up to the agreed consumption limits for that Relevant Period.
"Credit Fees" the credit fees payable by you to Sendr for the relevant Credit Allowance selected by you when subscribing for the Service or otherwise selected by you during your use of the Services in accordance with clause 7.6, as updated by us from time to time in accordance with clause 7.9.
"Data Protection Legislation" all applicable data protection and privacy legislation relating to the processing of personal data in connection with this agreement including the General Data Protection Regulation ((EU) 2016/679) ("GDPR"); UK GDPR (which has the meaning given in section 3(10) (as supplemented by section 205(4)) of the Data Protection Act 2018); the UK's Data Protection Act 2018 ("DPA 2018") (and regulations made thereunder) and the UK's Privacy and Electronic Communications Regulations 2003 (SI 2003/2426), in each case as amended, and the mandatory guidance and codes of practice issued by the UK's Information Commissioner or other relevant regulatory authority and applicable to a party; and "processor", "controller", "data subject", "personal data", "personal data breach", "processing" and "appropriate technical and organisational measures" shall have the meanings set out in the applicable Data Protection Legislation.
"Relevant Period" a monthly, quarterly or yearly period associated with your chosen subscription package, as agreed between the parties in the Commercial Terms and as otherwise updated in accordance with clause 7.8.
"Sendr", "we", "our" and "us" the provider of the Services, Intro Labs Ltd, trading as "Sendr", registered in England and Wales with registered number 15204378.
"Services" all features, tools and functionality which may be accessed through our website (https://sendr.io/), mobile applications and related APIs including data enrichment services, landing pages, animated thumbnails, video pitch recorder.
"you" and "your" means the contracting party who subscribes to use the Services.
1.2. Clause and paragraph headings shall not affect the interpretation of these Terms.
1.3. Unless the context otherwise requires:
1.3.1. a reference to a statute or statutory provision is a reference to it as amended, extended or re-enacted from time to time; and
1.3.2. any words following the terms "including", "include", "in particular", "for example" or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.
1.4. A reference to writing or written includes e-mail.
1.1. The definitions and rules of interpretation in this clause apply in these Terms.
"Affiliate" in relation to a party, any entity that directly or indirectly Controls, is Controlled by, or is under common Control with that party from time to time where "Control" means to directly or indirectly, (i) control more than fifty per cent (50%) of the voting rights in an entity; (ii) control the right to directly or indirectly appoint or remove more than fifty per cent (50%) of the directors of the board of directors of an entity; and/or (iii) control more than fifty per cent (50%) of the share capital or ownership interest in an entity and "Controls" and "Controlled" shall be construed accordingly
"Agreement" these Terms, the documents referred to in the Terms and the Commercial Terms.
"Commercial Terms" the commercial terms under which you and Sendr first agree details in relation to the Services including the Credit Allowances package and the Credit Fees: (a) when subscribing online and/or when selecting an additional Credit Allowance online; and/or (b) as otherwise agreed between you and Sendr in writing.
"Content" any data (including personal data), text, graphics, videos, images or other materials uploaded, collected, generated or stored by you, your Affiliates and your respective authorised users through use of the Services.
"Credit Allowances" number of credits purchased by you pursuant to clause 7 which entitle you to access and use features of the Services in a Relevant Period, up to the agreed consumption limits for that Relevant Period.
"Credit Fees" the credit fees payable by you to Sendr for the relevant Credit Allowance selected by you when subscribing for the Service or otherwise selected by you during your use of the Services in accordance with clause 7.6, as updated by us from time to time in accordance with clause 7.9.
"Data Protection Legislation" all applicable data protection and privacy legislation relating to the processing of personal data in connection with this agreement including the General Data Protection Regulation ((EU) 2016/679) ("GDPR"); UK GDPR (which has the meaning given in section 3(10) (as supplemented by section 205(4)) of the Data Protection Act 2018); the UK's Data Protection Act 2018 ("DPA 2018") (and regulations made thereunder) and the UK's Privacy and Electronic Communications Regulations 2003 (SI 2003/2426), in each case as amended, and the mandatory guidance and codes of practice issued by the UK's Information Commissioner or other relevant regulatory authority and applicable to a party; and "processor", "controller", "data subject", "personal data", "personal data breach", "processing" and "appropriate technical and organisational measures" shall have the meanings set out in the applicable Data Protection Legislation.
"Relevant Period" a monthly, quarterly or yearly period associated with your chosen subscription package, as agreed between the parties in the Commercial Terms and as otherwise updated in accordance with clause 7.8.
"Sendr", "we", "our" and "us" the provider of the Services, Intro Labs Ltd, trading as "Sendr", registered in England and Wales with registered number 15204378.
"Services" all features, tools and functionality which may be accessed through our website (https://sendr.io/), mobile applications and related APIs including data enrichment services, landing pages, animated thumbnails, video pitch recorder.
"you" and "your" means the contracting party who subscribes to use the Services.
1.2. Clause and paragraph headings shall not affect the interpretation of these Terms.
1.3. Unless the context otherwise requires:
1.3.1. a reference to a statute or statutory provision is a reference to it as amended, extended or re-enacted from time to time; and
1.3.2. any words following the terms "including", "include", "in particular", "for example" or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.
1.4. A reference to writing or written includes e-mail.
2. Acceptance of these Terms
2.1. By subscribing for the Services online or by entering into a written agreement with us for the Services or by otherwise using the Services, you agree to be bound by these Terms and all policies and guidelines incorporated by reference. If you do not agree to all the Terms, do not access or use our Services. The Agreement based on these Terms expressly supersedes any prior agreements or arrangements with you regarding the use of the Services.
2.2. The Agreement shall prevail at all times to the exclusion of all other terms and conditions including prior agreements or arrangements with you regarding the use of the Services and any terms and conditions which you may purport to apply even if such other provisions are submitted in a later document or purport to exclude or override the Agreement and neither the course of conduct between parties nor trade practice shall act to modify the Agreement.
2.1. By subscribing for the Services online or by entering into a written agreement with us for the Services or by otherwise using the Services, you agree to be bound by these Terms and all policies and guidelines incorporated by reference. If you do not agree to all the Terms, do not access or use our Services. The Agreement based on these Terms expressly supersedes any prior agreements or arrangements with you regarding the use of the Services.
2.2. The Agreement shall prevail at all times to the exclusion of all other terms and conditions including prior agreements or arrangements with you regarding the use of the Services and any terms and conditions which you may purport to apply even if such other provisions are submitted in a later document or purport to exclude or override the Agreement and neither the course of conduct between parties nor trade practice shall act to modify the Agreement.
2.1. By subscribing for the Services online or by entering into a written agreement with us for the Services or by otherwise using the Services, you agree to be bound by these Terms and all policies and guidelines incorporated by reference. If you do not agree to all the Terms, do not access or use our Services. The Agreement based on these Terms expressly supersedes any prior agreements or arrangements with you regarding the use of the Services.
2.2. The Agreement shall prevail at all times to the exclusion of all other terms and conditions including prior agreements or arrangements with you regarding the use of the Services and any terms and conditions which you may purport to apply even if such other provisions are submitted in a later document or purport to exclude or override the Agreement and neither the course of conduct between parties nor trade practice shall act to modify the Agreement.
2.1. By subscribing for the Services online or by entering into a written agreement with us for the Services or by otherwise using the Services, you agree to be bound by these Terms and all policies and guidelines incorporated by reference. If you do not agree to all the Terms, do not access or use our Services. The Agreement based on these Terms expressly supersedes any prior agreements or arrangements with you regarding the use of the Services.
2.2. The Agreement shall prevail at all times to the exclusion of all other terms and conditions including prior agreements or arrangements with you regarding the use of the Services and any terms and conditions which you may purport to apply even if such other provisions are submitted in a later document or purport to exclude or override the Agreement and neither the course of conduct between parties nor trade practice shall act to modify the Agreement.
Changes to Terms
3.1. You acknowledge and agree that we may change the Services or the terms of our Agreement with you at any time. We shall notify you of any changes. If we reasonably believe that a change is material and/or adversely affects you (a "Material Change"), we will provide you with at least 30 days' notice prior to any new terms taking effect and we shall give you the opportunity to accept or reject the Material Change. If we cannot publish a Material Change at least 30 (thirty) days before it takes effect (for example because the change is necessary for the security of the Services, because of regulatory change, or because one of our suppliers makes changes to its service at short notice), we will publish the Material Change as soon as we reasonably can. In the event of any rejection of a Material Change to this Agreement, either party shall be entitled to terminate this Agreement with immediate effect by written notice to the other party. No other variation of this Agreement shall be effective unless it is in writing and signed by the parties.
3.2. By continuing to access or use our Services after any revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new Terms, you are no longer authorised to use the Services.
3.1. You acknowledge and agree that we may change the Services or the terms of our Agreement with you at any time. We shall notify you of any changes. If we reasonably believe that a change is material and/or adversely affects you (a "Material Change"), we will provide you with at least 30 days' notice prior to any new terms taking effect and we shall give you the opportunity to accept or reject the Material Change. If we cannot publish a Material Change at least 30 (thirty) days before it takes effect (for example because the change is necessary for the security of the Services, because of regulatory change, or because one of our suppliers makes changes to its service at short notice), we will publish the Material Change as soon as we reasonably can. In the event of any rejection of a Material Change to this Agreement, either party shall be entitled to terminate this Agreement with immediate effect by written notice to the other party. No other variation of this Agreement shall be effective unless it is in writing and signed by the parties.
3.2. By continuing to access or use our Services after any revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new Terms, you are no longer authorised to use the Services.
3.1. You acknowledge and agree that we may change the Services or the terms of our Agreement with you at any time. We shall notify you of any changes. If we reasonably believe that a change is material and/or adversely affects you (a "Material Change"), we will provide you with at least 30 days' notice prior to any new terms taking effect and we shall give you the opportunity to accept or reject the Material Change. If we cannot publish a Material Change at least 30 (thirty) days before it takes effect (for example because the change is necessary for the security of the Services, because of regulatory change, or because one of our suppliers makes changes to its service at short notice), we will publish the Material Change as soon as we reasonably can. In the event of any rejection of a Material Change to this Agreement, either party shall be entitled to terminate this Agreement with immediate effect by written notice to the other party. No other variation of this Agreement shall be effective unless it is in writing and signed by the parties.
3.2. By continuing to access or use our Services after any revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new Terms, you are no longer authorised to use the Services.
3.1. You acknowledge and agree that we may change the Services or the terms of our Agreement with you at any time. We shall notify you of any changes. If we reasonably believe that a change is material and/or adversely affects you (a "Material Change"), we will provide you with at least 30 days' notice prior to any new terms taking effect and we shall give you the opportunity to accept or reject the Material Change. If we cannot publish a Material Change at least 30 (thirty) days before it takes effect (for example because the change is necessary for the security of the Services, because of regulatory change, or because one of our suppliers makes changes to its service at short notice), we will publish the Material Change as soon as we reasonably can. In the event of any rejection of a Material Change to this Agreement, either party shall be entitled to terminate this Agreement with immediate effect by written notice to the other party. No other variation of this Agreement shall be effective unless it is in writing and signed by the parties.
3.2. By continuing to access or use our Services after any revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new Terms, you are no longer authorised to use the Services.
Access and Use
4.1. Business use: You acknowledge and agree that the Services are intended for business use only. Where an individual that is your employee, agent, representative or contractor subscribes to use the Services and uses the Services on your behalf, we are entitled to assume that they have all necessary authority to represent you.
4.2. Account and account security: To access the Service, you are required to set up a user account within the Service ("Account"). When you register for an Account, you may be asked to choose a username and password for the Account. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. You must notify us immediately if you suspect or become aware of any unauthorised use of your Account or any unauthorised access to the password for your Account.
4.3. You also agree not to use the Account or log in with the username and password of another user of the Services if (a) you are not authorised to use it or (b) the use would violate the Terms.
4.4. You are responsible for all activity that occurs under your user name and password. You hereby acknowledge and agree that we will not in any way be liable to you for any loss caused by unauthorised access to and use of your account.
4.5. Service updates: Sendr reserves the right to implement updates or modifications to the Service at any time, potentially influencing its prior mode of operation. Your use of the Service or procurement of Services is independent of our commitment to provide specific functionalities or features, including the continuity of any particular Service or third-party services.
4.1. Business use: You acknowledge and agree that the Services are intended for business use only. Where an individual that is your employee, agent, representative or contractor subscribes to use the Services and uses the Services on your behalf, we are entitled to assume that they have all necessary authority to represent you.
4.2. Account and account security: To access the Service, you are required to set up a user account within the Service ("Account"). When you register for an Account, you may be asked to choose a username and password for the Account. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. You must notify us immediately if you suspect or become aware of any unauthorised use of your Account or any unauthorised access to the password for your Account.
4.3. You also agree not to use the Account or log in with the username and password of another user of the Services if (a) you are not authorised to use it or (b) the use would violate the Terms.
4.4. You are responsible for all activity that occurs under your user name and password. You hereby acknowledge and agree that we will not in any way be liable to you for any loss caused by unauthorised access to and use of your account.
4.5. Service updates: Sendr reserves the right to implement updates or modifications to the Service at any time, potentially influencing its prior mode of operation. Your use of the Service or procurement of Services is independent of our commitment to provide specific functionalities or features, including the continuity of any particular Service or third-party services.
4.1. Business use: You acknowledge and agree that the Services are intended for business use only. Where an individual that is your employee, agent, representative or contractor subscribes to use the Services and uses the Services on your behalf, we are entitled to assume that they have all necessary authority to represent you.
4.2. Account and account security: To access the Service, you are required to set up a user account within the Service ("Account"). When you register for an Account, you may be asked to choose a username and password for the Account. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. You must notify us immediately if you suspect or become aware of any unauthorised use of your Account or any unauthorised access to the password for your Account.
4.3. You also agree not to use the Account or log in with the username and password of another user of the Services if (a) you are not authorised to use it or (b) the use would violate the Terms.
4.4. You are responsible for all activity that occurs under your user name and password. You hereby acknowledge and agree that we will not in any way be liable to you for any loss caused by unauthorised access to and use of your account.
4.5. Service updates: Sendr reserves the right to implement updates or modifications to the Service at any time, potentially influencing its prior mode of operation. Your use of the Service or procurement of Services is independent of our commitment to provide specific functionalities or features, including the continuity of any particular Service or third-party services.
4.1. Business use: You acknowledge and agree that the Services are intended for business use only. Where an individual that is your employee, agent, representative or contractor subscribes to use the Services and uses the Services on your behalf, we are entitled to assume that they have all necessary authority to represent you.
4.2. Account and account security: To access the Service, you are required to set up a user account within the Service ("Account"). When you register for an Account, you may be asked to choose a username and password for the Account. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. You must notify us immediately if you suspect or become aware of any unauthorised use of your Account or any unauthorised access to the password for your Account.
4.3. You also agree not to use the Account or log in with the username and password of another user of the Services if (a) you are not authorised to use it or (b) the use would violate the Terms.
4.4. You are responsible for all activity that occurs under your user name and password. You hereby acknowledge and agree that we will not in any way be liable to you for any loss caused by unauthorised access to and use of your account.
4.5. Service updates: Sendr reserves the right to implement updates or modifications to the Service at any time, potentially influencing its prior mode of operation. Your use of the Service or procurement of Services is independent of our commitment to provide specific functionalities or features, including the continuity of any particular Service or third-party services.
Prohibited Uses and Activities
5.1. You agree that you and your Affiliates will not access or use our Services for any illegal, harmful, fraudulent, infringing or offensive use or to interfere with, disrupt or attack our systems. Prohibited activities include but are not limited to the following:
5.1.1. Use of the Service to post, share, or engage in any content that is illegal, infringes upon rights, or is harmful, harassing, defamatory, obscene, or promotes illegal activities.
5.1.2. Use of the Service to post content that is offensive, explicit, or encourages hate, discrimination, or unlawful behaviour.
5.1.3. Use of the Service to post or distribute content that is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever.
5.1.4. Use of the service which violates the rights of any party or infringes upon the patent, trade mark, trade secret, copyright, right of privacy or publicity or other intellectual property right of any party.
5.1.5. Using the Service to exploit, harm, or attempt to exploit or harm any individual.
5.1.6. Use of the Service to transmit or engage in the use of any material that does not comply with these Terms.
5.1.7. Use of the Service for the transmission of unlawful advertising or promotional material, including spam or similar solicitations.
5.1.8. Use of the Service to attempt unauthorised access or disrupt the service or connected networks.
5.1.9. Use the Service to engage in activities that involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming" or contains any trojan horses, worms, time bombs, cancelbots, easter eggs, or other computer programming routines that may damage, detrimentally interfere with, diminish the value of, surreptitiously intercept or expropriate any system, data or personal information.
5.1.10. Introducing viruses, malicious software, or attempt to gain unauthorised access to disrupt any part of the Service.
5.1.11. Engaging in any form of attack, such as a denial-of-service or distributed denial-of-service attack, on the Service.
5.1.12. Impersonating or attempting to impersonate any entity related to the Service.
5.1.13. Attempting to breach the Service's security or seek unauthorised information.
5.1.14. Interfering with the Service's proper functioning.
5.2. You agree that you and your Affiliates will comply with all relevant laws and regulations while using the Service. Additionally, you acknowledge that you hold primary responsibility for and are accountable to us for all actions taken through your Account. We may suspend or terminate your access to our Services if you or your Affiliates engage in any prohibited activity or materially breach these Terms.
5.1. You agree that you and your Affiliates will not access or use our Services for any illegal, harmful, fraudulent, infringing or offensive use or to interfere with, disrupt or attack our systems. Prohibited activities include but are not limited to the following:
5.1.1. Use of the Service to post, share, or engage in any content that is illegal, infringes upon rights, or is harmful, harassing, defamatory, obscene, or promotes illegal activities.
5.1.2. Use of the Service to post content that is offensive, explicit, or encourages hate, discrimination, or unlawful behaviour.
5.1.3. Use of the Service to post or distribute content that is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever.
5.1.4. Use of the service which violates the rights of any party or infringes upon the patent, trade mark, trade secret, copyright, right of privacy or publicity or other intellectual property right of any party.
5.1.5. Using the Service to exploit, harm, or attempt to exploit or harm any individual.
5.1.6. Use of the Service to transmit or engage in the use of any material that does not comply with these Terms.
5.1.7. Use of the Service for the transmission of unlawful advertising or promotional material, including spam or similar solicitations.
5.1.8. Use of the Service to attempt unauthorised access or disrupt the service or connected networks.
5.1.9. Use the Service to engage in activities that involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming" or contains any trojan horses, worms, time bombs, cancelbots, easter eggs, or other computer programming routines that may damage, detrimentally interfere with, diminish the value of, surreptitiously intercept or expropriate any system, data or personal information.
5.1.10. Introducing viruses, malicious software, or attempt to gain unauthorised access to disrupt any part of the Service.
5.1.11. Engaging in any form of attack, such as a denial-of-service or distributed denial-of-service attack, on the Service.
5.1.12. Impersonating or attempting to impersonate any entity related to the Service.
5.1.13. Attempting to breach the Service's security or seek unauthorised information.
5.1.14. Interfering with the Service's proper functioning.
5.2. You agree that you and your Affiliates will comply with all relevant laws and regulations while using the Service. Additionally, you acknowledge that you hold primary responsibility for and are accountable to us for all actions taken through your Account. We may suspend or terminate your access to our Services if you or your Affiliates engage in any prohibited activity or materially breach these Terms.
5.1. You agree that you and your Affiliates will not access or use our Services for any illegal, harmful, fraudulent, infringing or offensive use or to interfere with, disrupt or attack our systems. Prohibited activities include but are not limited to the following:
5.1.1. Use of the Service to post, share, or engage in any content that is illegal, infringes upon rights, or is harmful, harassing, defamatory, obscene, or promotes illegal activities.
5.1.2. Use of the Service to post content that is offensive, explicit, or encourages hate, discrimination, or unlawful behaviour.
5.1.3. Use of the Service to post or distribute content that is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever.
5.1.4. Use of the service which violates the rights of any party or infringes upon the patent, trade mark, trade secret, copyright, right of privacy or publicity or other intellectual property right of any party.
5.1.5. Using the Service to exploit, harm, or attempt to exploit or harm any individual.
5.1.6. Use of the Service to transmit or engage in the use of any material that does not comply with these Terms.
5.1.7. Use of the Service for the transmission of unlawful advertising or promotional material, including spam or similar solicitations.
5.1.8. Use of the Service to attempt unauthorised access or disrupt the service or connected networks.
5.1.9. Use the Service to engage in activities that involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming" or contains any trojan horses, worms, time bombs, cancelbots, easter eggs, or other computer programming routines that may damage, detrimentally interfere with, diminish the value of, surreptitiously intercept or expropriate any system, data or personal information.
5.1.10. Introducing viruses, malicious software, or attempt to gain unauthorised access to disrupt any part of the Service.
5.1.11. Engaging in any form of attack, such as a denial-of-service or distributed denial-of-service attack, on the Service.
5.1.12. Impersonating or attempting to impersonate any entity related to the Service.
5.1.13. Attempting to breach the Service's security or seek unauthorised information.
5.1.14. Interfering with the Service's proper functioning.
5.2. You agree that you and your Affiliates will comply with all relevant laws and regulations while using the Service. Additionally, you acknowledge that you hold primary responsibility for and are accountable to us for all actions taken through your Account. We may suspend or terminate your access to our Services if you or your Affiliates engage in any prohibited activity or materially breach these Terms.
5.1. You agree that you and your Affiliates will not access or use our Services for any illegal, harmful, fraudulent, infringing or offensive use or to interfere with, disrupt or attack our systems. Prohibited activities include but are not limited to the following:
5.1.1. Use of the Service to post, share, or engage in any content that is illegal, infringes upon rights, or is harmful, harassing, defamatory, obscene, or promotes illegal activities.
5.1.2. Use of the Service to post content that is offensive, explicit, or encourages hate, discrimination, or unlawful behaviour.
5.1.3. Use of the Service to post or distribute content that is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever.
5.1.4. Use of the service which violates the rights of any party or infringes upon the patent, trade mark, trade secret, copyright, right of privacy or publicity or other intellectual property right of any party.
5.1.5. Using the Service to exploit, harm, or attempt to exploit or harm any individual.
5.1.6. Use of the Service to transmit or engage in the use of any material that does not comply with these Terms.
5.1.7. Use of the Service for the transmission of unlawful advertising or promotional material, including spam or similar solicitations.
5.1.8. Use of the Service to attempt unauthorised access or disrupt the service or connected networks.
5.1.9. Use the Service to engage in activities that involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming" or contains any trojan horses, worms, time bombs, cancelbots, easter eggs, or other computer programming routines that may damage, detrimentally interfere with, diminish the value of, surreptitiously intercept or expropriate any system, data or personal information.
5.1.10. Introducing viruses, malicious software, or attempt to gain unauthorised access to disrupt any part of the Service.
5.1.11. Engaging in any form of attack, such as a denial-of-service or distributed denial-of-service attack, on the Service.
5.1.12. Impersonating or attempting to impersonate any entity related to the Service.
5.1.13. Attempting to breach the Service's security or seek unauthorised information.
5.1.14. Interfering with the Service's proper functioning.
5.2. You agree that you and your Affiliates will comply with all relevant laws and regulations while using the Service. Additionally, you acknowledge that you hold primary responsibility for and are accountable to us for all actions taken through your Account. We may suspend or terminate your access to our Services if you or your Affiliates engage in any prohibited activity or materially breach these Terms.
Your Responsibilities
6.1. Your conduct: You are responsible for you and your Affiliates' conduct, Content and communications with others while using our Services. You and your Affiliates must comply with all applicable laws, and you agree not to post or transmit any unlawful, infringing or objectionable Content.
6.2. Responsibility for Content: You are solely responsible for the legality, appropriateness and accuracy of the Content. You warrant and represent that you and your Affiliates have all necessary consents, rights and permissions to use the Content. We are not responsible for verifying or correcting your Content. We are not responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any Content. We may remove any Content that violates these Terms, our policies or applicable law.
6.3. Backups: We may back up your Content on a periodic basis but you are primarily responsible for exporting and maintaining copies of your Content. Upon termination we will make reasonable efforts to delete your Content but Content may remain in our backups and records. In the event of any loss or damage to your Content, your sole and exclusive remedy against us shall be for us to use reasonable commercial endeavours to restore the lost or damaged Content from the latest backup of such Content maintained by us. We shall not be responsible for any loss, destruction, alteration or disclosure of Content caused by any third party (except those third parties and sub-processors appointed by us to perform services related to Content back-ups).
6.4. Logins: You are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account. We recommend using strong passwords and enabling multi-factor authentication for enhanced security where available. You must notify us promptly of any unauthorised use of your account.
6.5. Personal data collection and use: You acknowledge and agree that it is your responsibility to ensure that you and your Affiliates have the required consents (or other lawful basis) for the use of any personal data and required consents for any direct marketing conducted through your use of the Services in accordance with applicable Data Protection Legislation. You acknowledge and agree that it is the responsibility of you and your Affiliates to communicate all required information to the relevant data subjects about your processing of their personal data and/or the use of cookies or similar technologies to collect personal information in accordance with Data Protection Legislation.
6.1. Your conduct: You are responsible for you and your Affiliates' conduct, Content and communications with others while using our Services. You and your Affiliates must comply with all applicable laws, and you agree not to post or transmit any unlawful, infringing or objectionable Content.
6.2. Responsibility for Content: You are solely responsible for the legality, appropriateness and accuracy of the Content. You warrant and represent that you and your Affiliates have all necessary consents, rights and permissions to use the Content. We are not responsible for verifying or correcting your Content. We are not responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any Content. We may remove any Content that violates these Terms, our policies or applicable law.
6.3. Backups: We may back up your Content on a periodic basis but you are primarily responsible for exporting and maintaining copies of your Content. Upon termination we will make reasonable efforts to delete your Content but Content may remain in our backups and records. In the event of any loss or damage to your Content, your sole and exclusive remedy against us shall be for us to use reasonable commercial endeavours to restore the lost or damaged Content from the latest backup of such Content maintained by us. We shall not be responsible for any loss, destruction, alteration or disclosure of Content caused by any third party (except those third parties and sub-processors appointed by us to perform services related to Content back-ups).
6.4. Logins: You are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account. We recommend using strong passwords and enabling multi-factor authentication for enhanced security where available. You must notify us promptly of any unauthorised use of your account.
6.5. Personal data collection and use: You acknowledge and agree that it is your responsibility to ensure that you and your Affiliates have the required consents (or other lawful basis) for the use of any personal data and required consents for any direct marketing conducted through your use of the Services in accordance with applicable Data Protection Legislation. You acknowledge and agree that it is the responsibility of you and your Affiliates to communicate all required information to the relevant data subjects about your processing of their personal data and/or the use of cookies or similar technologies to collect personal information in accordance with Data Protection Legislation.
6.1. Your conduct: You are responsible for you and your Affiliates' conduct, Content and communications with others while using our Services. You and your Affiliates must comply with all applicable laws, and you agree not to post or transmit any unlawful, infringing or objectionable Content.
6.2. Responsibility for Content: You are solely responsible for the legality, appropriateness and accuracy of the Content. You warrant and represent that you and your Affiliates have all necessary consents, rights and permissions to use the Content. We are not responsible for verifying or correcting your Content. We are not responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any Content. We may remove any Content that violates these Terms, our policies or applicable law.
6.3. Backups: We may back up your Content on a periodic basis but you are primarily responsible for exporting and maintaining copies of your Content. Upon termination we will make reasonable efforts to delete your Content but Content may remain in our backups and records. In the event of any loss or damage to your Content, your sole and exclusive remedy against us shall be for us to use reasonable commercial endeavours to restore the lost or damaged Content from the latest backup of such Content maintained by us. We shall not be responsible for any loss, destruction, alteration or disclosure of Content caused by any third party (except those third parties and sub-processors appointed by us to perform services related to Content back-ups).
6.4. Logins: You are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account. We recommend using strong passwords and enabling multi-factor authentication for enhanced security where available. You must notify us promptly of any unauthorised use of your account.
6.5. Personal data collection and use: You acknowledge and agree that it is your responsibility to ensure that you and your Affiliates have the required consents (or other lawful basis) for the use of any personal data and required consents for any direct marketing conducted through your use of the Services in accordance with applicable Data Protection Legislation. You acknowledge and agree that it is the responsibility of you and your Affiliates to communicate all required information to the relevant data subjects about your processing of their personal data and/or the use of cookies or similar technologies to collect personal information in accordance with Data Protection Legislation.
6.1. Your conduct: You are responsible for you and your Affiliates' conduct, Content and communications with others while using our Services. You and your Affiliates must comply with all applicable laws, and you agree not to post or transmit any unlawful, infringing or objectionable Content.
6.2. Responsibility for Content: You are solely responsible for the legality, appropriateness and accuracy of the Content. You warrant and represent that you and your Affiliates have all necessary consents, rights and permissions to use the Content. We are not responsible for verifying or correcting your Content. We are not responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any Content. We may remove any Content that violates these Terms, our policies or applicable law.
6.3. Backups: We may back up your Content on a periodic basis but you are primarily responsible for exporting and maintaining copies of your Content. Upon termination we will make reasonable efforts to delete your Content but Content may remain in our backups and records. In the event of any loss or damage to your Content, your sole and exclusive remedy against us shall be for us to use reasonable commercial endeavours to restore the lost or damaged Content from the latest backup of such Content maintained by us. We shall not be responsible for any loss, destruction, alteration or disclosure of Content caused by any third party (except those third parties and sub-processors appointed by us to perform services related to Content back-ups).
6.4. Logins: You are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account. We recommend using strong passwords and enabling multi-factor authentication for enhanced security where available. You must notify us promptly of any unauthorised use of your account.
6.5. Personal data collection and use: You acknowledge and agree that it is your responsibility to ensure that you and your Affiliates have the required consents (or other lawful basis) for the use of any personal data and required consents for any direct marketing conducted through your use of the Services in accordance with applicable Data Protection Legislation. You acknowledge and agree that it is the responsibility of you and your Affiliates to communicate all required information to the relevant data subjects about your processing of their personal data and/or the use of cookies or similar technologies to collect personal information in accordance with Data Protection Legislation.
Subscriptions, Credit Fees and Billing
7.1. Credit Fees: You agree to pay all applicable Credit Fees in advance for the use of the Services under your chosen subscription package in accordance with this clause 7. We use third-party services for billing and payment processing. The rates and payment terms are as set out in the Commercial Terms and otherwise presented to you when you use your Account once you register with us, unless otherwise agreed by us in writing.
7.2. Billing: You acknowledge and agree that you shall pay the Credit Fees by card, unless you have otherwise agreed with us that the Credit Fees are to be invoiced by us in advance, in which case Credit Fees shall be payable by you making a bank transfer to us within 14 days of the date of invoice. Where you pay by card, you must provide up-to-date, complete and accurate payment card details and any other relevant valid, up-to-date and complete billing information which you must promptly update if changed. We may change our billing methods upon 30 days' prior notice to you in advance. Any unpaid Credit Fees that are due and payable to Sendr shall become immediately due and payable on termination of the Agreement for any reason.
7.3. Payment authorisation: By providing a payment method, you authorise us to charge you all amounts due and you authorise our billing providers to deduct such payments.
7.4. Failure to pay: If we have not received payment within 30 days of the due date, and without prejudice to any other rights and remedies we may have:
7.4.1. We may, without liability to you , disable your access to all or part of the Services and we shall be under no obligation to provide any or all of the Services while the invoice(s) concerned remain unpaid; and
7.4.2. interest shall accrue on a daily basis on such due amounts at an annual rate equal to 4% over the then current base lending rate of the Bank of England from time to time, but at 4% a year for any period when that base rate is below 0%, commencing on the due date and continuing until fully paid, whether before or after judgment.
7.5. Taxes: All fees do not include applicable taxes, levies, duties, or similar charges imposed by legal, governmental, or regulatory authorities in any relevant jurisdiction. These may include, but are not limited to, local sales, sales, use, value-added, consumption, communications, or withholding taxes, collectively referred to as "Taxes". It is your responsibility to settle all Taxes associated with these Terms, except for taxes based on our net income, property, or employees.
7.6. Credit usage: If, at any time whilst using the Services, you exhaust the maximum amount of credits in your Credit Allowance or you wish to purchase additional credits, you may increase the size of the Credit Allowance by requesting a larger Credit Allowance and paying the relevant Credit Fee. Where you have already paid for a Credit Allowance that month, you will pay the difference between the Credit Fee already paid for that month and the Credit Fee for the larger Credit Allowance on a pro-rata basis for the remaining days of the month. Any existing credits for that month will remain and we will then apply additional credits for that month on a pro-rata basis. Thereafter you will pay the Credit Fee at the higher amount and you will receive the larger Credit Allowance unless and until you move to a different Credit Allowance.
7.7. No refunds or credit: All Credit Fees charged by Sendr are non-refundable. Any additional Credit Fees incurred due to an error or omission made by you or a third party are your sole responsibility. We do not offer refunds or credits of any such Credit Fees incurred through error or omission or for partially used or unused Credit Allowances. Any unused Credit Allowances in a Relevant Period will not be carried over into your next Relevant Period. If you subscribe but do not access the Service, you are accountable for all Credit Fees in the Relevant Period of your subscription.
7.8. Changes: You may upgrade or downgrade your subscription package to one with a different Credit Allowance (and different corresponding Credit Fee) at any time during a Relevant Period, but please note that the changes will only take effect at the end of the then-current Relevant Period. Any unused portion of the Credit Allowance for the then-current Relevant Period will continue to be available until the end of the Relevant Period. The new Credit Allowance will take effect at the beginning of the following Relevant Period and the relevant Credit Fee shall be payable by you. Where you change a subscription package with a Relevant Period that is quarterly or annual, you will continue to receive your Credit Allowances on a monthly basis until the end of the Relevant Period after which the new subscription package shall take effect.
7.9. Fees changes: Sendr, in its sole discretion and at any time, may change the Credit Fees. Any Credit Fee change that occurs during your Relevant Period will become effective at the end of that Relevant Period. We will provide you with at least 30 days' prior notice of any change in Credit Fees to give you an opportunity to terminate your Agreement before such change becomes effective in the next Relevant Period. Your continued use of the Service after the Credit Fee change comes into effect constitutes your agreement to pay the modified subscription fee amount.
7.1. Credit Fees: You agree to pay all applicable Credit Fees in advance for the use of the Services under your chosen subscription package in accordance with this clause 7. We use third-party services for billing and payment processing. The rates and payment terms are as set out in the Commercial Terms and otherwise presented to you when you use your Account once you register with us, unless otherwise agreed by us in writing.
7.2. Billing: You acknowledge and agree that you shall pay the Credit Fees by card, unless you have otherwise agreed with us that the Credit Fees are to be invoiced by us in advance, in which case Credit Fees shall be payable by you making a bank transfer to us within 14 days of the date of invoice. Where you pay by card, you must provide up-to-date, complete and accurate payment card details and any other relevant valid, up-to-date and complete billing information which you must promptly update if changed. We may change our billing methods upon 30 days' prior notice to you in advance. Any unpaid Credit Fees that are due and payable to Sendr shall become immediately due and payable on termination of the Agreement for any reason.
7.3. Payment authorisation: By providing a payment method, you authorise us to charge you all amounts due and you authorise our billing providers to deduct such payments.
7.4. Failure to pay: If we have not received payment within 30 days of the due date, and without prejudice to any other rights and remedies we may have:
7.4.1. We may, without liability to you , disable your access to all or part of the Services and we shall be under no obligation to provide any or all of the Services while the invoice(s) concerned remain unpaid; and
7.4.2. interest shall accrue on a daily basis on such due amounts at an annual rate equal to 4% over the then current base lending rate of the Bank of England from time to time, but at 4% a year for any period when that base rate is below 0%, commencing on the due date and continuing until fully paid, whether before or after judgment.
7.5. Taxes: All fees do not include applicable taxes, levies, duties, or similar charges imposed by legal, governmental, or regulatory authorities in any relevant jurisdiction. These may include, but are not limited to, local sales, sales, use, value-added, consumption, communications, or withholding taxes, collectively referred to as "Taxes". It is your responsibility to settle all Taxes associated with these Terms, except for taxes based on our net income, property, or employees.
7.6. Credit usage: If, at any time whilst using the Services, you exhaust the maximum amount of credits in your Credit Allowance or you wish to purchase additional credits, you may increase the size of the Credit Allowance by requesting a larger Credit Allowance and paying the relevant Credit Fee. Where you have already paid for a Credit Allowance that month, you will pay the difference between the Credit Fee already paid for that month and the Credit Fee for the larger Credit Allowance on a pro-rata basis for the remaining days of the month. Any existing credits for that month will remain and we will then apply additional credits for that month on a pro-rata basis. Thereafter you will pay the Credit Fee at the higher amount and you will receive the larger Credit Allowance unless and until you move to a different Credit Allowance.
7.7. No refunds or credit: All Credit Fees charged by Sendr are non-refundable. Any additional Credit Fees incurred due to an error or omission made by you or a third party are your sole responsibility. We do not offer refunds or credits of any such Credit Fees incurred through error or omission or for partially used or unused Credit Allowances. Any unused Credit Allowances in a Relevant Period will not be carried over into your next Relevant Period. If you subscribe but do not access the Service, you are accountable for all Credit Fees in the Relevant Period of your subscription.
7.8. Changes: You may upgrade or downgrade your subscription package to one with a different Credit Allowance (and different corresponding Credit Fee) at any time during a Relevant Period, but please note that the changes will only take effect at the end of the then-current Relevant Period. Any unused portion of the Credit Allowance for the then-current Relevant Period will continue to be available until the end of the Relevant Period. The new Credit Allowance will take effect at the beginning of the following Relevant Period and the relevant Credit Fee shall be payable by you. Where you change a subscription package with a Relevant Period that is quarterly or annual, you will continue to receive your Credit Allowances on a monthly basis until the end of the Relevant Period after which the new subscription package shall take effect.
7.9. Fees changes: Sendr, in its sole discretion and at any time, may change the Credit Fees. Any Credit Fee change that occurs during your Relevant Period will become effective at the end of that Relevant Period. We will provide you with at least 30 days' prior notice of any change in Credit Fees to give you an opportunity to terminate your Agreement before such change becomes effective in the next Relevant Period. Your continued use of the Service after the Credit Fee change comes into effect constitutes your agreement to pay the modified subscription fee amount.
7.1. Credit Fees: You agree to pay all applicable Credit Fees in advance for the use of the Services under your chosen subscription package in accordance with this clause 7. We use third-party services for billing and payment processing. The rates and payment terms are as set out in the Commercial Terms and otherwise presented to you when you use your Account once you register with us, unless otherwise agreed by us in writing.
7.2. Billing: You acknowledge and agree that you shall pay the Credit Fees by card, unless you have otherwise agreed with us that the Credit Fees are to be invoiced by us in advance, in which case Credit Fees shall be payable by you making a bank transfer to us within 14 days of the date of invoice. Where you pay by card, you must provide up-to-date, complete and accurate payment card details and any other relevant valid, up-to-date and complete billing information which you must promptly update if changed. We may change our billing methods upon 30 days' prior notice to you in advance. Any unpaid Credit Fees that are due and payable to Sendr shall become immediately due and payable on termination of the Agreement for any reason.
7.3. Payment authorisation: By providing a payment method, you authorise us to charge you all amounts due and you authorise our billing providers to deduct such payments.
7.4. Failure to pay: If we have not received payment within 30 days of the due date, and without prejudice to any other rights and remedies we may have:
7.4.1. We may, without liability to you , disable your access to all or part of the Services and we shall be under no obligation to provide any or all of the Services while the invoice(s) concerned remain unpaid; and
7.4.2. interest shall accrue on a daily basis on such due amounts at an annual rate equal to 4% over the then current base lending rate of the Bank of England from time to time, but at 4% a year for any period when that base rate is below 0%, commencing on the due date and continuing until fully paid, whether before or after judgment.
7.5. Taxes: All fees do not include applicable taxes, levies, duties, or similar charges imposed by legal, governmental, or regulatory authorities in any relevant jurisdiction. These may include, but are not limited to, local sales, sales, use, value-added, consumption, communications, or withholding taxes, collectively referred to as "Taxes". It is your responsibility to settle all Taxes associated with these Terms, except for taxes based on our net income, property, or employees.
7.6. Credit usage: If, at any time whilst using the Services, you exhaust the maximum amount of credits in your Credit Allowance or you wish to purchase additional credits, you may increase the size of the Credit Allowance by requesting a larger Credit Allowance and paying the relevant Credit Fee. Where you have already paid for a Credit Allowance that month, you will pay the difference between the Credit Fee already paid for that month and the Credit Fee for the larger Credit Allowance on a pro-rata basis for the remaining days of the month. Any existing credits for that month will remain and we will then apply additional credits for that month on a pro-rata basis. Thereafter you will pay the Credit Fee at the higher amount and you will receive the larger Credit Allowance unless and until you move to a different Credit Allowance.
7.7. No refunds or credit: All Credit Fees charged by Sendr are non-refundable. Any additional Credit Fees incurred due to an error or omission made by you or a third party are your sole responsibility. We do not offer refunds or credits of any such Credit Fees incurred through error or omission or for partially used or unused Credit Allowances. Any unused Credit Allowances in a Relevant Period will not be carried over into your next Relevant Period. If you subscribe but do not access the Service, you are accountable for all Credit Fees in the Relevant Period of your subscription.
7.8. Changes: You may upgrade or downgrade your subscription package to one with a different Credit Allowance (and different corresponding Credit Fee) at any time during a Relevant Period, but please note that the changes will only take effect at the end of the then-current Relevant Period. Any unused portion of the Credit Allowance for the then-current Relevant Period will continue to be available until the end of the Relevant Period. The new Credit Allowance will take effect at the beginning of the following Relevant Period and the relevant Credit Fee shall be payable by you. Where you change a subscription package with a Relevant Period that is quarterly or annual, you will continue to receive your Credit Allowances on a monthly basis until the end of the Relevant Period after which the new subscription package shall take effect.
7.9. Fees changes: Sendr, in its sole discretion and at any time, may change the Credit Fees. Any Credit Fee change that occurs during your Relevant Period will become effective at the end of that Relevant Period. We will provide you with at least 30 days' prior notice of any change in Credit Fees to give you an opportunity to terminate your Agreement before such change becomes effective in the next Relevant Period. Your continued use of the Service after the Credit Fee change comes into effect constitutes your agreement to pay the modified subscription fee amount.
7.1. Credit Fees: You agree to pay all applicable Credit Fees in advance for the use of the Services under your chosen subscription package in accordance with this clause 7. We use third-party services for billing and payment processing. The rates and payment terms are as set out in the Commercial Terms and otherwise presented to you when you use your Account once you register with us, unless otherwise agreed by us in writing.
7.2. Billing: You acknowledge and agree that you shall pay the Credit Fees by card, unless you have otherwise agreed with us that the Credit Fees are to be invoiced by us in advance, in which case Credit Fees shall be payable by you making a bank transfer to us within 14 days of the date of invoice. Where you pay by card, you must provide up-to-date, complete and accurate payment card details and any other relevant valid, up-to-date and complete billing information which you must promptly update if changed. We may change our billing methods upon 30 days' prior notice to you in advance. Any unpaid Credit Fees that are due and payable to Sendr shall become immediately due and payable on termination of the Agreement for any reason.
7.3. Payment authorisation: By providing a payment method, you authorise us to charge you all amounts due and you authorise our billing providers to deduct such payments.
7.4. Failure to pay: If we have not received payment within 30 days of the due date, and without prejudice to any other rights and remedies we may have:
7.4.1. We may, without liability to you , disable your access to all or part of the Services and we shall be under no obligation to provide any or all of the Services while the invoice(s) concerned remain unpaid; and
7.4.2. interest shall accrue on a daily basis on such due amounts at an annual rate equal to 4% over the then current base lending rate of the Bank of England from time to time, but at 4% a year for any period when that base rate is below 0%, commencing on the due date and continuing until fully paid, whether before or after judgment.
7.5. Taxes: All fees do not include applicable taxes, levies, duties, or similar charges imposed by legal, governmental, or regulatory authorities in any relevant jurisdiction. These may include, but are not limited to, local sales, sales, use, value-added, consumption, communications, or withholding taxes, collectively referred to as "Taxes". It is your responsibility to settle all Taxes associated with these Terms, except for taxes based on our net income, property, or employees.
7.6. Credit usage: If, at any time whilst using the Services, you exhaust the maximum amount of credits in your Credit Allowance or you wish to purchase additional credits, you may increase the size of the Credit Allowance by requesting a larger Credit Allowance and paying the relevant Credit Fee. Where you have already paid for a Credit Allowance that month, you will pay the difference between the Credit Fee already paid for that month and the Credit Fee for the larger Credit Allowance on a pro-rata basis for the remaining days of the month. Any existing credits for that month will remain and we will then apply additional credits for that month on a pro-rata basis. Thereafter you will pay the Credit Fee at the higher amount and you will receive the larger Credit Allowance unless and until you move to a different Credit Allowance.
7.7. No refunds or credit: All Credit Fees charged by Sendr are non-refundable. Any additional Credit Fees incurred due to an error or omission made by you or a third party are your sole responsibility. We do not offer refunds or credits of any such Credit Fees incurred through error or omission or for partially used or unused Credit Allowances. Any unused Credit Allowances in a Relevant Period will not be carried over into your next Relevant Period. If you subscribe but do not access the Service, you are accountable for all Credit Fees in the Relevant Period of your subscription.
7.8. Changes: You may upgrade or downgrade your subscription package to one with a different Credit Allowance (and different corresponding Credit Fee) at any time during a Relevant Period, but please note that the changes will only take effect at the end of the then-current Relevant Period. Any unused portion of the Credit Allowance for the then-current Relevant Period will continue to be available until the end of the Relevant Period. The new Credit Allowance will take effect at the beginning of the following Relevant Period and the relevant Credit Fee shall be payable by you. Where you change a subscription package with a Relevant Period that is quarterly or annual, you will continue to receive your Credit Allowances on a monthly basis until the end of the Relevant Period after which the new subscription package shall take effect.
7.9. Fees changes: Sendr, in its sole discretion and at any time, may change the Credit Fees. Any Credit Fee change that occurs during your Relevant Period will become effective at the end of that Relevant Period. We will provide you with at least 30 days' prior notice of any change in Credit Fees to give you an opportunity to terminate your Agreement before such change becomes effective in the next Relevant Period. Your continued use of the Service after the Credit Fee change comes into effect constitutes your agreement to pay the modified subscription fee amount.
Data Protection
8.1. Both parties will comply with all applicable requirements of the Data Protection Legislation. This clause 8 is in addition to, and does not relieve, remove or replace, a party's obligations or rights under the Data Protection Legislation.
8.2. You acknowledge and agree that:
8.2.1. where we process your or your authorised users' personal data to operate your Account we do so as controller in accordance with our privacy policy at https://www.sendr.io/privacypolicy;
8.2.2. where we process any personal data on your behalf or on behalf of your Affiliates (to the extent there are personal data in the Content) when performing our obligations under the Agreement, you or your Affiliate (as applicable) are the controller and we are the processor for the purposes of Data Protection Legislation.
8.3. In relation to the personal data provided in any Content, the Appendix to these Terms sets out the scope, nature and purpose of processing by us, the duration of the processing and the types of personal data and categories of data subject.
8.4. Where we process personal data on your behalf in connection with the performance of the Services, we shall:
8.4.1. process that personal data only on your documented written instructions including with regards to transfers of personal data to a third country, unless Sendr is required by applicable laws in the UK to process personal data. Where we rely on such applicable laws as the basis for processing personal data, we shall promptly notify you of this before performing such processing unless those applicable laws prohibit us from doing so;
8.4.2. ensure that we have in place appropriate technical and organisational measures (as summarised in the Appendix), to protect against unauthorised or unlawful processing of personal data and against accidental loss or destruction of, or damage to, personal data, and which you confirm you have reviewed and you consider appropriate to the harm that might result from the unauthorised or unlawful processing or accidental loss, destruction or damage and the nature of the data to be protected, having regard to the state of technological development and the cost of implementing any measures;
8.4.3. ensure that all personnel who have access to and/or process personal data are obliged to keep the personal data confidential;
8.4.4. assist you, at your cost, in responding to any request from a data subject and in ensuring compliance with its obligations under the Data Protection Legislation with respect to security, breach notifications, impact assessments and consultations with supervisory authorities or regulators;
8.4.5. notify you without undue delay on becoming aware of a personal data breach;
8.4.6. at your written direction, delete personal data on termination of the agreement unless we are required by applicable law to continue to process that personal data. For the purposes of this clause 8.4.6 personal data shall be considered deleted where it is put beyond further use by us; and
8.4.7. maintain complete and accurate records and information to demonstrate our compliance with this clause 8 and allow for audits by you or your designated auditor and, following an audit, inform you if, in our opinion, an instruction infringes the Data Protection Legislation.
8.5. You hereby provide your prior, general authorisation for us to:
8.5.1. appoint sub-processors to process the personal data, provided that we: (a) shall ensure that the terms on which we appoint such sub-processors comply with Data Protection Legislation, and are consistent with the obligations imposed on us in this clause 8; (b) shall remain responsible for the acts and omission of any such sub-processor as if they were our acts and omissions; and (c) shall inform you of any intended changes concerning the addition or replacement of the sub-processors, thereby giving you the opportunity to object to such changes provided that if you object to the changes, we shall be entitled to terminate the Agreement on written notice to you and we shall cease providing the Services to you as we may not be able to accommodate the requested change solely for you;
8.5.2. transfer personal data outside of the UK, provided that we shall ensure that all such transfers are effected in accordance with Data Protection Legislation. For these purposes, you agree to promptly comply with any reasonable request made by us, including any request to enter into standard data protection clauses adopted by the EU Commission from time to time (where the GDPR applies to the transfer) or adopted by the UK Information Commissioner from time to time (where the UK GDPR applies to the transfer).
8.1. Both parties will comply with all applicable requirements of the Data Protection Legislation. This clause 8 is in addition to, and does not relieve, remove or replace, a party's obligations or rights under the Data Protection Legislation.
8.2. You acknowledge and agree that:
8.2.1. where we process your or your authorised users' personal data to operate your Account we do so as controller in accordance with our privacy policy at https://www.sendr.io/privacypolicy;
8.2.2. where we process any personal data on your behalf or on behalf of your Affiliates (to the extent there are personal data in the Content) when performing our obligations under the Agreement, you or your Affiliate (as applicable) are the controller and we are the processor for the purposes of Data Protection Legislation.
8.3. In relation to the personal data provided in any Content, the Appendix to these Terms sets out the scope, nature and purpose of processing by us, the duration of the processing and the types of personal data and categories of data subject.
8.4. Where we process personal data on your behalf in connection with the performance of the Services, we shall:
8.4.1. process that personal data only on your documented written instructions including with regards to transfers of personal data to a third country, unless Sendr is required by applicable laws in the UK to process personal data. Where we rely on such applicable laws as the basis for processing personal data, we shall promptly notify you of this before performing such processing unless those applicable laws prohibit us from doing so;
8.4.2. ensure that we have in place appropriate technical and organisational measures (as summarised in the Appendix), to protect against unauthorised or unlawful processing of personal data and against accidental loss or destruction of, or damage to, personal data, and which you confirm you have reviewed and you consider appropriate to the harm that might result from the unauthorised or unlawful processing or accidental loss, destruction or damage and the nature of the data to be protected, having regard to the state of technological development and the cost of implementing any measures;
8.4.3. ensure that all personnel who have access to and/or process personal data are obliged to keep the personal data confidential;
8.4.4. assist you, at your cost, in responding to any request from a data subject and in ensuring compliance with its obligations under the Data Protection Legislation with respect to security, breach notifications, impact assessments and consultations with supervisory authorities or regulators;
8.4.5. notify you without undue delay on becoming aware of a personal data breach;
8.4.6. at your written direction, delete personal data on termination of the agreement unless we are required by applicable law to continue to process that personal data. For the purposes of this clause 8.4.6 personal data shall be considered deleted where it is put beyond further use by us; and
8.4.7. maintain complete and accurate records and information to demonstrate our compliance with this clause 8 and allow for audits by you or your designated auditor and, following an audit, inform you if, in our opinion, an instruction infringes the Data Protection Legislation.
8.5. You hereby provide your prior, general authorisation for us to:
8.5.1. appoint sub-processors to process the personal data, provided that we: (a) shall ensure that the terms on which we appoint such sub-processors comply with Data Protection Legislation, and are consistent with the obligations imposed on us in this clause 8; (b) shall remain responsible for the acts and omission of any such sub-processor as if they were our acts and omissions; and (c) shall inform you of any intended changes concerning the addition or replacement of the sub-processors, thereby giving you the opportunity to object to such changes provided that if you object to the changes, we shall be entitled to terminate the Agreement on written notice to you and we shall cease providing the Services to you as we may not be able to accommodate the requested change solely for you;
8.5.2. transfer personal data outside of the UK, provided that we shall ensure that all such transfers are effected in accordance with Data Protection Legislation. For these purposes, you agree to promptly comply with any reasonable request made by us, including any request to enter into standard data protection clauses adopted by the EU Commission from time to time (where the GDPR applies to the transfer) or adopted by the UK Information Commissioner from time to time (where the UK GDPR applies to the transfer).
8.1. Both parties will comply with all applicable requirements of the Data Protection Legislation. This clause 8 is in addition to, and does not relieve, remove or replace, a party's obligations or rights under the Data Protection Legislation.
8.2. You acknowledge and agree that:
8.2.1. where we process your or your authorised users' personal data to operate your Account we do so as controller in accordance with our privacy policy at https://www.sendr.io/privacypolicy;
8.2.2. where we process any personal data on your behalf or on behalf of your Affiliates (to the extent there are personal data in the Content) when performing our obligations under the Agreement, you or your Affiliate (as applicable) are the controller and we are the processor for the purposes of Data Protection Legislation.
8.3. In relation to the personal data provided in any Content, the Appendix to these Terms sets out the scope, nature and purpose of processing by us, the duration of the processing and the types of personal data and categories of data subject.
8.4. Where we process personal data on your behalf in connection with the performance of the Services, we shall:
8.4.1. process that personal data only on your documented written instructions including with regards to transfers of personal data to a third country, unless Sendr is required by applicable laws in the UK to process personal data. Where we rely on such applicable laws as the basis for processing personal data, we shall promptly notify you of this before performing such processing unless those applicable laws prohibit us from doing so;
8.4.2. ensure that we have in place appropriate technical and organisational measures (as summarised in the Appendix), to protect against unauthorised or unlawful processing of personal data and against accidental loss or destruction of, or damage to, personal data, and which you confirm you have reviewed and you consider appropriate to the harm that might result from the unauthorised or unlawful processing or accidental loss, destruction or damage and the nature of the data to be protected, having regard to the state of technological development and the cost of implementing any measures;
8.4.3. ensure that all personnel who have access to and/or process personal data are obliged to keep the personal data confidential;
8.4.4. assist you, at your cost, in responding to any request from a data subject and in ensuring compliance with its obligations under the Data Protection Legislation with respect to security, breach notifications, impact assessments and consultations with supervisory authorities or regulators;
8.4.5. notify you without undue delay on becoming aware of a personal data breach;
8.4.6. at your written direction, delete personal data on termination of the agreement unless we are required by applicable law to continue to process that personal data. For the purposes of this clause 8.4.6 personal data shall be considered deleted where it is put beyond further use by us; and
8.4.7. maintain complete and accurate records and information to demonstrate our compliance with this clause 8 and allow for audits by you or your designated auditor and, following an audit, inform you if, in our opinion, an instruction infringes the Data Protection Legislation.
8.5. You hereby provide your prior, general authorisation for us to:
8.5.1. appoint sub-processors to process the personal data, provided that we: (a) shall ensure that the terms on which we appoint such sub-processors comply with Data Protection Legislation, and are consistent with the obligations imposed on us in this clause 8; (b) shall remain responsible for the acts and omission of any such sub-processor as if they were our acts and omissions; and (c) shall inform you of any intended changes concerning the addition or replacement of the sub-processors, thereby giving you the opportunity to object to such changes provided that if you object to the changes, we shall be entitled to terminate the Agreement on written notice to you and we shall cease providing the Services to you as we may not be able to accommodate the requested change solely for you;
8.5.2. transfer personal data outside of the UK, provided that we shall ensure that all such transfers are effected in accordance with Data Protection Legislation. For these purposes, you agree to promptly comply with any reasonable request made by us, including any request to enter into standard data protection clauses adopted by the EU Commission from time to time (where the GDPR applies to the transfer) or adopted by the UK Information Commissioner from time to time (where the UK GDPR applies to the transfer).
8.1. Both parties will comply with all applicable requirements of the Data Protection Legislation. This clause 8 is in addition to, and does not relieve, remove or replace, a party's obligations or rights under the Data Protection Legislation.
8.2. You acknowledge and agree that:
8.2.1. where we process your or your authorised users' personal data to operate your Account we do so as controller in accordance with our privacy policy at https://www.sendr.io/privacypolicy;
8.2.2. where we process any personal data on your behalf or on behalf of your Affiliates (to the extent there are personal data in the Content) when performing our obligations under the Agreement, you or your Affiliate (as applicable) are the controller and we are the processor for the purposes of Data Protection Legislation.
8.3. In relation to the personal data provided in any Content, the Appendix to these Terms sets out the scope, nature and purpose of processing by us, the duration of the processing and the types of personal data and categories of data subject.
8.4. Where we process personal data on your behalf in connection with the performance of the Services, we shall:
8.4.1. process that personal data only on your documented written instructions including with regards to transfers of personal data to a third country, unless Sendr is required by applicable laws in the UK to process personal data. Where we rely on such applicable laws as the basis for processing personal data, we shall promptly notify you of this before performing such processing unless those applicable laws prohibit us from doing so;
8.4.2. ensure that we have in place appropriate technical and organisational measures (as summarised in the Appendix), to protect against unauthorised or unlawful processing of personal data and against accidental loss or destruction of, or damage to, personal data, and which you confirm you have reviewed and you consider appropriate to the harm that might result from the unauthorised or unlawful processing or accidental loss, destruction or damage and the nature of the data to be protected, having regard to the state of technological development and the cost of implementing any measures;
8.4.3. ensure that all personnel who have access to and/or process personal data are obliged to keep the personal data confidential;
8.4.4. assist you, at your cost, in responding to any request from a data subject and in ensuring compliance with its obligations under the Data Protection Legislation with respect to security, breach notifications, impact assessments and consultations with supervisory authorities or regulators;
8.4.5. notify you without undue delay on becoming aware of a personal data breach;
8.4.6. at your written direction, delete personal data on termination of the agreement unless we are required by applicable law to continue to process that personal data. For the purposes of this clause 8.4.6 personal data shall be considered deleted where it is put beyond further use by us; and
8.4.7. maintain complete and accurate records and information to demonstrate our compliance with this clause 8 and allow for audits by you or your designated auditor and, following an audit, inform you if, in our opinion, an instruction infringes the Data Protection Legislation.
8.5. You hereby provide your prior, general authorisation for us to:
8.5.1. appoint sub-processors to process the personal data, provided that we: (a) shall ensure that the terms on which we appoint such sub-processors comply with Data Protection Legislation, and are consistent with the obligations imposed on us in this clause 8; (b) shall remain responsible for the acts and omission of any such sub-processor as if they were our acts and omissions; and (c) shall inform you of any intended changes concerning the addition or replacement of the sub-processors, thereby giving you the opportunity to object to such changes provided that if you object to the changes, we shall be entitled to terminate the Agreement on written notice to you and we shall cease providing the Services to you as we may not be able to accommodate the requested change solely for you;
8.5.2. transfer personal data outside of the UK, provided that we shall ensure that all such transfers are effected in accordance with Data Protection Legislation. For these purposes, you agree to promptly comply with any reasonable request made by us, including any request to enter into standard data protection clauses adopted by the EU Commission from time to time (where the GDPR applies to the transfer) or adopted by the UK Information Commissioner from time to time (where the UK GDPR applies to the transfer).
Improving the services and feedback
9.1. Improving Services: The parties acknowledge that Sendr operates a programme of continuous and incremental improvement of the Services, to ensure that the Services are modern and efficient and operated for the benefit of all users. We shall be entitled to use and disclose information collated from the Content for the improvement and provision of Services. Such use may include the use of Content (including, for example, language text and/or voice recordings) to train AI Systems used to provide the Services. "A.I Systems" means machine-learning systems and models, that are designed to operate with varying levels of autonomy and that may exhibit adaptiveness after deployment and that, for explicit or implicit objectives, infer, from the input they receive, how to generate outputs such as predictions, content, recommendations, or decisions that can influence physical or virtual environments. This clause 9.1 shall survive the expiry or termination of the Agreement, howsoever arising, for so long as we operate the Services or any service that may replace, substitute or supplement the Services.
9.2. Feedback: We may improve the Services based on your feedback. By submitting feedback, you acknowledge and agree that such submission is voluntary, non-confidential, and without any expectation of compensation. We are under no obligation to utilise the feedback provided. By submitting feedback, you grant us and our representatives an irrevocable, non-exclusive, perpetual, royalty-free, fully-paid up licence to utilise the feedback without limitations or any obligation to make payments, seek permission, or provide notification to you or any third party. This licence includes the right to reproduce, create derivative works, merge with other content, modify, translate, distribute, display, perform, and license the feedback in all media known now or in the future, on our behalf or on behalf of our representatives, worldwide, indefinitely.
9.3. You warrant that the feedback is your original creation, that you possess all necessary rights to disclose it to us, and that neither your disclosure nor our evaluation or utilisation of the feedback will violate the rights of any other individual or entity. If your feedback is the subject of a pending or granted patent, you must disclose this to us before you provide the feedback.
9.1. Improving Services: The parties acknowledge that Sendr operates a programme of continuous and incremental improvement of the Services, to ensure that the Services are modern and efficient and operated for the benefit of all users. We shall be entitled to use and disclose information collated from the Content for the improvement and provision of Services. Such use may include the use of Content (including, for example, language text and/or voice recordings) to train AI Systems used to provide the Services. "A.I Systems" means machine-learning systems and models, that are designed to operate with varying levels of autonomy and that may exhibit adaptiveness after deployment and that, for explicit or implicit objectives, infer, from the input they receive, how to generate outputs such as predictions, content, recommendations, or decisions that can influence physical or virtual environments. This clause 9.1 shall survive the expiry or termination of the Agreement, howsoever arising, for so long as we operate the Services or any service that may replace, substitute or supplement the Services.
9.2. Feedback: We may improve the Services based on your feedback. By submitting feedback, you acknowledge and agree that such submission is voluntary, non-confidential, and without any expectation of compensation. We are under no obligation to utilise the feedback provided. By submitting feedback, you grant us and our representatives an irrevocable, non-exclusive, perpetual, royalty-free, fully-paid up licence to utilise the feedback without limitations or any obligation to make payments, seek permission, or provide notification to you or any third party. This licence includes the right to reproduce, create derivative works, merge with other content, modify, translate, distribute, display, perform, and license the feedback in all media known now or in the future, on our behalf or on behalf of our representatives, worldwide, indefinitely.
9.3. You warrant that the feedback is your original creation, that you possess all necessary rights to disclose it to us, and that neither your disclosure nor our evaluation or utilisation of the feedback will violate the rights of any other individual or entity. If your feedback is the subject of a pending or granted patent, you must disclose this to us before you provide the feedback.
9.1. Improving Services: The parties acknowledge that Sendr operates a programme of continuous and incremental improvement of the Services, to ensure that the Services are modern and efficient and operated for the benefit of all users. We shall be entitled to use and disclose information collated from the Content for the improvement and provision of Services. Such use may include the use of Content (including, for example, language text and/or voice recordings) to train AI Systems used to provide the Services. "A.I Systems" means machine-learning systems and models, that are designed to operate with varying levels of autonomy and that may exhibit adaptiveness after deployment and that, for explicit or implicit objectives, infer, from the input they receive, how to generate outputs such as predictions, content, recommendations, or decisions that can influence physical or virtual environments. This clause 9.1 shall survive the expiry or termination of the Agreement, howsoever arising, for so long as we operate the Services or any service that may replace, substitute or supplement the Services.
9.2. Feedback: We may improve the Services based on your feedback. By submitting feedback, you acknowledge and agree that such submission is voluntary, non-confidential, and without any expectation of compensation. We are under no obligation to utilise the feedback provided. By submitting feedback, you grant us and our representatives an irrevocable, non-exclusive, perpetual, royalty-free, fully-paid up licence to utilise the feedback without limitations or any obligation to make payments, seek permission, or provide notification to you or any third party. This licence includes the right to reproduce, create derivative works, merge with other content, modify, translate, distribute, display, perform, and license the feedback in all media known now or in the future, on our behalf or on behalf of our representatives, worldwide, indefinitely.
9.3. You warrant that the feedback is your original creation, that you possess all necessary rights to disclose it to us, and that neither your disclosure nor our evaluation or utilisation of the feedback will violate the rights of any other individual or entity. If your feedback is the subject of a pending or granted patent, you must disclose this to us before you provide the feedback.
9.1. Improving Services: The parties acknowledge that Sendr operates a programme of continuous and incremental improvement of the Services, to ensure that the Services are modern and efficient and operated for the benefit of all users. We shall be entitled to use and disclose information collated from the Content for the improvement and provision of Services. Such use may include the use of Content (including, for example, language text and/or voice recordings) to train AI Systems used to provide the Services. "A.I Systems" means machine-learning systems and models, that are designed to operate with varying levels of autonomy and that may exhibit adaptiveness after deployment and that, for explicit or implicit objectives, infer, from the input they receive, how to generate outputs such as predictions, content, recommendations, or decisions that can influence physical or virtual environments. This clause 9.1 shall survive the expiry or termination of the Agreement, howsoever arising, for so long as we operate the Services or any service that may replace, substitute or supplement the Services.
9.2. Feedback: We may improve the Services based on your feedback. By submitting feedback, you acknowledge and agree that such submission is voluntary, non-confidential, and without any expectation of compensation. We are under no obligation to utilise the feedback provided. By submitting feedback, you grant us and our representatives an irrevocable, non-exclusive, perpetual, royalty-free, fully-paid up licence to utilise the feedback without limitations or any obligation to make payments, seek permission, or provide notification to you or any third party. This licence includes the right to reproduce, create derivative works, merge with other content, modify, translate, distribute, display, perform, and license the feedback in all media known now or in the future, on our behalf or on behalf of our representatives, worldwide, indefinitely.
9.3. You warrant that the feedback is your original creation, that you possess all necessary rights to disclose it to us, and that neither your disclosure nor our evaluation or utilisation of the feedback will violate the rights of any other individual or entity. If your feedback is the subject of a pending or granted patent, you must disclose this to us before you provide the feedback.
Intellectual property rights
10.1. Licence grant: We grant you and your Affiliates a limited, revocable, non-exclusive, non-transferable licence to access and use our Services solely for your internal business purposes as permitted by your Agreement and in accordance with applicable law. You and your Affiliates may not: (i) remove any copyright, trade mark, or other proprietary notices from any portion of the Service; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Service except as expressly permitted by us; (iii) decompile, reverse engineer or disassemble the Service except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Service; or (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Service or unduly burdening or hindering the operation and/or functionality of any aspect of the Service.
10.2. Intellectual property rights and intended use: This Service is controlled and operated by Sendr and, other than your Content, all material in the Services, including but not limited to software, images, GIFs, illustrations, text, scripts, graphics, audio clips, video clips, and other interactive features made available to you on the Service, logos, trade marks, and service marks contained herein, are owned by us. Other service marks, logos, and names on the Service are the property of their respective owners. Any use of the Service or the contents made available to you on the Service other than as specifically authorised herein, without our prior written permission, is strictly prohibited and in the event of such use, we shall be entitled to terminate your Agreement on written notice to you with immediate effect. Such unauthorised use may also violate applicable laws including without limitation intellectual property rights and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any licence to intellectual property rights, whether by estoppel, implication, or otherwise. This licence is revocable by Sendr at any time without notice and with or without cause.
10.3. Content ownership: As between the parties, you and your Affiliates (as applicable) retain all ownership right title and interest in and to the intellectual property rights and all other rights in your Content. The rights you grant to us are limited to those we need to provide, secure and improve our Services.
10.4. Licence to us: You grant us a worldwide, royalty-free licence to use, reproduce, distribute, modify, display and transmit the Content solely to the extent needed to provide and improve our Services. This includes integrating the Service with third party services used by you so that you can receive and transfer content to them (see clause 11).
10.5. Where you suspect your intellectual property has been infringed by other users: Sendr respects the copyright property of others and asks its users of its Services to do the same. Sendr's Services may not be used to transmit, retransmit, distribute, post, or store any material that violates any person's rights, including rights protected by copyright, trade secret, patent, or other intellectual property or similar laws and/or regulations. We respond to notices of alleged copyright infringement according to the process outlined in the applicable copyright legal framework for jurisdiction in question, such as the Digital Millennium Copyright Act (DMCA) in the US. If you are of the opinion that your intellectual property has been replicated or utilized on our website in a manner that constitutes copyright violation, kindly reach out to us at legal@sendr.io.
10.1. Licence grant: We grant you and your Affiliates a limited, revocable, non-exclusive, non-transferable licence to access and use our Services solely for your internal business purposes as permitted by your Agreement and in accordance with applicable law. You and your Affiliates may not: (i) remove any copyright, trade mark, or other proprietary notices from any portion of the Service; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Service except as expressly permitted by us; (iii) decompile, reverse engineer or disassemble the Service except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Service; or (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Service or unduly burdening or hindering the operation and/or functionality of any aspect of the Service.
10.2. Intellectual property rights and intended use: This Service is controlled and operated by Sendr and, other than your Content, all material in the Services, including but not limited to software, images, GIFs, illustrations, text, scripts, graphics, audio clips, video clips, and other interactive features made available to you on the Service, logos, trade marks, and service marks contained herein, are owned by us. Other service marks, logos, and names on the Service are the property of their respective owners. Any use of the Service or the contents made available to you on the Service other than as specifically authorised herein, without our prior written permission, is strictly prohibited and in the event of such use, we shall be entitled to terminate your Agreement on written notice to you with immediate effect. Such unauthorised use may also violate applicable laws including without limitation intellectual property rights and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any licence to intellectual property rights, whether by estoppel, implication, or otherwise. This licence is revocable by Sendr at any time without notice and with or without cause.
10.3. Content ownership: As between the parties, you and your Affiliates (as applicable) retain all ownership right title and interest in and to the intellectual property rights and all other rights in your Content. The rights you grant to us are limited to those we need to provide, secure and improve our Services.
10.4. Licence to us: You grant us a worldwide, royalty-free licence to use, reproduce, distribute, modify, display and transmit the Content solely to the extent needed to provide and improve our Services. This includes integrating the Service with third party services used by you so that you can receive and transfer content to them (see clause 11).
10.5. Where you suspect your intellectual property has been infringed by other users: Sendr respects the copyright property of others and asks its users of its Services to do the same. Sendr's Services may not be used to transmit, retransmit, distribute, post, or store any material that violates any person's rights, including rights protected by copyright, trade secret, patent, or other intellectual property or similar laws and/or regulations. We respond to notices of alleged copyright infringement according to the process outlined in the applicable copyright legal framework for jurisdiction in question, such as the Digital Millennium Copyright Act (DMCA) in the US. If you are of the opinion that your intellectual property has been replicated or utilized on our website in a manner that constitutes copyright violation, kindly reach out to us at legal@sendr.io.
10.1. Licence grant: We grant you and your Affiliates a limited, revocable, non-exclusive, non-transferable licence to access and use our Services solely for your internal business purposes as permitted by your Agreement and in accordance with applicable law. You and your Affiliates may not: (i) remove any copyright, trade mark, or other proprietary notices from any portion of the Service; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Service except as expressly permitted by us; (iii) decompile, reverse engineer or disassemble the Service except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Service; or (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Service or unduly burdening or hindering the operation and/or functionality of any aspect of the Service.
10.2. Intellectual property rights and intended use: This Service is controlled and operated by Sendr and, other than your Content, all material in the Services, including but not limited to software, images, GIFs, illustrations, text, scripts, graphics, audio clips, video clips, and other interactive features made available to you on the Service, logos, trade marks, and service marks contained herein, are owned by us. Other service marks, logos, and names on the Service are the property of their respective owners. Any use of the Service or the contents made available to you on the Service other than as specifically authorised herein, without our prior written permission, is strictly prohibited and in the event of such use, we shall be entitled to terminate your Agreement on written notice to you with immediate effect. Such unauthorised use may also violate applicable laws including without limitation intellectual property rights and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any licence to intellectual property rights, whether by estoppel, implication, or otherwise. This licence is revocable by Sendr at any time without notice and with or without cause.
10.3. Content ownership: As between the parties, you and your Affiliates (as applicable) retain all ownership right title and interest in and to the intellectual property rights and all other rights in your Content. The rights you grant to us are limited to those we need to provide, secure and improve our Services.
10.4. Licence to us: You grant us a worldwide, royalty-free licence to use, reproduce, distribute, modify, display and transmit the Content solely to the extent needed to provide and improve our Services. This includes integrating the Service with third party services used by you so that you can receive and transfer content to them (see clause 11).
10.5. Where you suspect your intellectual property has been infringed by other users: Sendr respects the copyright property of others and asks its users of its Services to do the same. Sendr's Services may not be used to transmit, retransmit, distribute, post, or store any material that violates any person's rights, including rights protected by copyright, trade secret, patent, or other intellectual property or similar laws and/or regulations. We respond to notices of alleged copyright infringement according to the process outlined in the applicable copyright legal framework for jurisdiction in question, such as the Digital Millennium Copyright Act (DMCA) in the US. If you are of the opinion that your intellectual property has been replicated or utilized on our website in a manner that constitutes copyright violation, kindly reach out to us at legal@sendr.io.
10.1. Licence grant: We grant you and your Affiliates a limited, revocable, non-exclusive, non-transferable licence to access and use our Services solely for your internal business purposes as permitted by your Agreement and in accordance with applicable law. You and your Affiliates may not: (i) remove any copyright, trade mark, or other proprietary notices from any portion of the Service; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Service except as expressly permitted by us; (iii) decompile, reverse engineer or disassemble the Service except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Service; or (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Service or unduly burdening or hindering the operation and/or functionality of any aspect of the Service.
10.2. Intellectual property rights and intended use: This Service is controlled and operated by Sendr and, other than your Content, all material in the Services, including but not limited to software, images, GIFs, illustrations, text, scripts, graphics, audio clips, video clips, and other interactive features made available to you on the Service, logos, trade marks, and service marks contained herein, are owned by us. Other service marks, logos, and names on the Service are the property of their respective owners. Any use of the Service or the contents made available to you on the Service other than as specifically authorised herein, without our prior written permission, is strictly prohibited and in the event of such use, we shall be entitled to terminate your Agreement on written notice to you with immediate effect. Such unauthorised use may also violate applicable laws including without limitation intellectual property rights and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any licence to intellectual property rights, whether by estoppel, implication, or otherwise. This licence is revocable by Sendr at any time without notice and with or without cause.
10.3. Content ownership: As between the parties, you and your Affiliates (as applicable) retain all ownership right title and interest in and to the intellectual property rights and all other rights in your Content. The rights you grant to us are limited to those we need to provide, secure and improve our Services.
10.4. Licence to us: You grant us a worldwide, royalty-free licence to use, reproduce, distribute, modify, display and transmit the Content solely to the extent needed to provide and improve our Services. This includes integrating the Service with third party services used by you so that you can receive and transfer content to them (see clause 11).
10.5. Where you suspect your intellectual property has been infringed by other users: Sendr respects the copyright property of others and asks its users of its Services to do the same. Sendr's Services may not be used to transmit, retransmit, distribute, post, or store any material that violates any person's rights, including rights protected by copyright, trade secret, patent, or other intellectual property or similar laws and/or regulations. We respond to notices of alleged copyright infringement according to the process outlined in the applicable copyright legal framework for jurisdiction in question, such as the Digital Millennium Copyright Act (DMCA) in the US. If you are of the opinion that your intellectual property has been replicated or utilized on our website in a manner that constitutes copyright violation, kindly reach out to us at legal@sendr.io.
Third Party Services
11.1. The Service may allow you to integrate with third party services and/or link to third party sites. Where you access and use such integrated or linked services and sites, you leave the Service. Such integrated or linked services and sites are not in any way under our control, and we are not responsible for the contents of any of such sites or services or the links or integrations used to access them or for any changes or updates to such sites.
11.2. We are not responsible for any form of transmission sent or received from any integrated or linked site or service. We are providing these integrations and links to you only as a convenience, and the inclusion of any integration or link does not imply affiliation, adoption, or endorsement by us of the site or service that you access via them. Your use of any integrated or linked service or site is at your own risk and is subject to the terms of use and privacy policies applicable to that service or site.
11.3. You understand that any content or information made available or expressed by a third party on the Service is owned by, and the responsibility of, the respective owner(s) and not Sendr. We neither approve nor are responsible for the accuracy, currency, or reliability of any content, opinion, information, advice, or statement made on the site by anyone.
11.1. The Service may allow you to integrate with third party services and/or link to third party sites. Where you access and use such integrated or linked services and sites, you leave the Service. Such integrated or linked services and sites are not in any way under our control, and we are not responsible for the contents of any of such sites or services or the links or integrations used to access them or for any changes or updates to such sites.
11.2. We are not responsible for any form of transmission sent or received from any integrated or linked site or service. We are providing these integrations and links to you only as a convenience, and the inclusion of any integration or link does not imply affiliation, adoption, or endorsement by us of the site or service that you access via them. Your use of any integrated or linked service or site is at your own risk and is subject to the terms of use and privacy policies applicable to that service or site.
11.3. You understand that any content or information made available or expressed by a third party on the Service is owned by, and the responsibility of, the respective owner(s) and not Sendr. We neither approve nor are responsible for the accuracy, currency, or reliability of any content, opinion, information, advice, or statement made on the site by anyone.
11.1. The Service may allow you to integrate with third party services and/or link to third party sites. Where you access and use such integrated or linked services and sites, you leave the Service. Such integrated or linked services and sites are not in any way under our control, and we are not responsible for the contents of any of such sites or services or the links or integrations used to access them or for any changes or updates to such sites.
11.2. We are not responsible for any form of transmission sent or received from any integrated or linked site or service. We are providing these integrations and links to you only as a convenience, and the inclusion of any integration or link does not imply affiliation, adoption, or endorsement by us of the site or service that you access via them. Your use of any integrated or linked service or site is at your own risk and is subject to the terms of use and privacy policies applicable to that service or site.
11.3. You understand that any content or information made available or expressed by a third party on the Service is owned by, and the responsibility of, the respective owner(s) and not Sendr. We neither approve nor are responsible for the accuracy, currency, or reliability of any content, opinion, information, advice, or statement made on the site by anyone.
11.1. The Service may allow you to integrate with third party services and/or link to third party sites. Where you access and use such integrated or linked services and sites, you leave the Service. Such integrated or linked services and sites are not in any way under our control, and we are not responsible for the contents of any of such sites or services or the links or integrations used to access them or for any changes or updates to such sites.
11.2. We are not responsible for any form of transmission sent or received from any integrated or linked site or service. We are providing these integrations and links to you only as a convenience, and the inclusion of any integration or link does not imply affiliation, adoption, or endorsement by us of the site or service that you access via them. Your use of any integrated or linked service or site is at your own risk and is subject to the terms of use and privacy policies applicable to that service or site.
11.3. You understand that any content or information made available or expressed by a third party on the Service is owned by, and the responsibility of, the respective owner(s) and not Sendr. We neither approve nor are responsible for the accuracy, currency, or reliability of any content, opinion, information, advice, or statement made on the site by anyone.
Disclaimers and Limitations of Liability
12.1. Except as expressly and specifically provided in these Terms:
12.1.1. you and your Affiliates assume sole responsibility for results obtained from the use of the Services and for the conclusions drawn from such use. We shall have no liability for any damage caused by errors or omissions in any information, instructions or scripts provided to us by you in connection with the Services, or any actions taken by us at your direction;
12.1.2. the Service is provided to you and your Affiliates on an "as is" and "as available" basis;
12.1.3. all warranties, representations, conditions and all other terms of any kind, whether express or implied by statute or common law, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance, and to the fullest extent permitted by applicable law, excluded from these Terms; and
12.1.4. we do not warrant that a) the service will function uninterrupted, secure, or available at any particular time or location; b) any errors or defects will be corrected; c) the service is free of viruses or other harmful components; or d) the results of using the service will meet your requirements.
12.2. Nothing in these Terms excludes:
12.2.1. a party's liability for death or personal injury caused by that party's negligence;
12.2.2. a party's liability for fraud or fraudulent misrepresentation;
12.2.3. your liability under any indemnity in these Terms.
12.3. Subject to clause 12.1 and 12.2:
12.3.1. we shall not be liable whether in tort (including for negligence or breach of statutory duty), contract, misrepresentation, restitution or otherwise for any loss of profits, loss of business, depletion of goodwill and/or similar losses or loss or corruption of data or information, or pure economic loss, or for any special, indirect or consequential loss, costs, damages, charges or expenses however arising under these Terms; and
12.3.2. our total aggregate liability arising out of or relating to these Terms, whether in tort (including for negligence or breach of statutory duty), contract, misrepresentation, restitution or otherwise, is limited to the greater of: (a) the amount paid by you to us in the 12 months preceding the event giving rise to liability or (b) £100.
12.1. Except as expressly and specifically provided in these Terms:
12.1.1. you and your Affiliates assume sole responsibility for results obtained from the use of the Services and for the conclusions drawn from such use. We shall have no liability for any damage caused by errors or omissions in any information, instructions or scripts provided to us by you in connection with the Services, or any actions taken by us at your direction;
12.1.2. the Service is provided to you and your Affiliates on an "as is" and "as available" basis;
12.1.3. all warranties, representations, conditions and all other terms of any kind, whether express or implied by statute or common law, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance, and to the fullest extent permitted by applicable law, excluded from these Terms; and
12.1.4. we do not warrant that a) the service will function uninterrupted, secure, or available at any particular time or location; b) any errors or defects will be corrected; c) the service is free of viruses or other harmful components; or d) the results of using the service will meet your requirements.
12.2. Nothing in these Terms excludes:
12.2.1. a party's liability for death or personal injury caused by that party's negligence;
12.2.2. a party's liability for fraud or fraudulent misrepresentation;
12.2.3. your liability under any indemnity in these Terms.
12.3. Subject to clause 12.1 and 12.2:
12.3.1. we shall not be liable whether in tort (including for negligence or breach of statutory duty), contract, misrepresentation, restitution or otherwise for any loss of profits, loss of business, depletion of goodwill and/or similar losses or loss or corruption of data or information, or pure economic loss, or for any special, indirect or consequential loss, costs, damages, charges or expenses however arising under these Terms; and
12.3.2. our total aggregate liability arising out of or relating to these Terms, whether in tort (including for negligence or breach of statutory duty), contract, misrepresentation, restitution or otherwise, is limited to the greater of: (a) the amount paid by you to us in the 12 months preceding the event giving rise to liability or (b) £100.
12.1. Except as expressly and specifically provided in these Terms:
12.1.1. you and your Affiliates assume sole responsibility for results obtained from the use of the Services and for the conclusions drawn from such use. We shall have no liability for any damage caused by errors or omissions in any information, instructions or scripts provided to us by you in connection with the Services, or any actions taken by us at your direction;
12.1.2. the Service is provided to you and your Affiliates on an "as is" and "as available" basis;
12.1.3. all warranties, representations, conditions and all other terms of any kind, whether express or implied by statute or common law, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance, and to the fullest extent permitted by applicable law, excluded from these Terms; and
12.1.4. we do not warrant that a) the service will function uninterrupted, secure, or available at any particular time or location; b) any errors or defects will be corrected; c) the service is free of viruses or other harmful components; or d) the results of using the service will meet your requirements.
12.2. Nothing in these Terms excludes:
12.2.1. a party's liability for death or personal injury caused by that party's negligence;
12.2.2. a party's liability for fraud or fraudulent misrepresentation;
12.2.3. your liability under any indemnity in these Terms.
12.3. Subject to clause 12.1 and 12.2:
12.3.1. we shall not be liable whether in tort (including for negligence or breach of statutory duty), contract, misrepresentation, restitution or otherwise for any loss of profits, loss of business, depletion of goodwill and/or similar losses or loss or corruption of data or information, or pure economic loss, or for any special, indirect or consequential loss, costs, damages, charges or expenses however arising under these Terms; and
12.3.2. our total aggregate liability arising out of or relating to these Terms, whether in tort (including for negligence or breach of statutory duty), contract, misrepresentation, restitution or otherwise, is limited to the greater of: (a) the amount paid by you to us in the 12 months preceding the event giving rise to liability or (b) £100.
12.1. Except as expressly and specifically provided in these Terms:
12.1.1. you and your Affiliates assume sole responsibility for results obtained from the use of the Services and for the conclusions drawn from such use. We shall have no liability for any damage caused by errors or omissions in any information, instructions or scripts provided to us by you in connection with the Services, or any actions taken by us at your direction;
12.1.2. the Service is provided to you and your Affiliates on an "as is" and "as available" basis;
12.1.3. all warranties, representations, conditions and all other terms of any kind, whether express or implied by statute or common law, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance, and to the fullest extent permitted by applicable law, excluded from these Terms; and
12.1.4. we do not warrant that a) the service will function uninterrupted, secure, or available at any particular time or location; b) any errors or defects will be corrected; c) the service is free of viruses or other harmful components; or d) the results of using the service will meet your requirements.
12.2. Nothing in these Terms excludes:
12.2.1. a party's liability for death or personal injury caused by that party's negligence;
12.2.2. a party's liability for fraud or fraudulent misrepresentation;
12.2.3. your liability under any indemnity in these Terms.
12.3. Subject to clause 12.1 and 12.2:
12.3.1. we shall not be liable whether in tort (including for negligence or breach of statutory duty), contract, misrepresentation, restitution or otherwise for any loss of profits, loss of business, depletion of goodwill and/or similar losses or loss or corruption of data or information, or pure economic loss, or for any special, indirect or consequential loss, costs, damages, charges or expenses however arising under these Terms; and
12.3.2. our total aggregate liability arising out of or relating to these Terms, whether in tort (including for negligence or breach of statutory duty), contract, misrepresentation, restitution or otherwise, is limited to the greater of: (a) the amount paid by you to us in the 12 months preceding the event giving rise to liability or (b) £100.
Indemnification
13.1. Your duty to indemnify: You shall defend, indemnify and hold harmless Sendr and its officers, directors, employees, agents, successors from and against any third party claims, actions, proceedings, losses, liabilities, damages, expenses and costs (including without limitation court costs and reasonable legal fees) arising out of or in connection with to: (a) the use of our Services by you or your Affiliates; (b) the Content; (c) your violation of these Terms; and (d) the violation, misappropriation or infringement of any rights of Sendr or any third party (including intellectual property rights or privacy rights) by your or an Affiliate.
13.2. Control of defence: We will notify you of any claim subject to indemnification as soon as reasonably possible, but you will have sole authority to defend or settle the claim. We may participate and/or provide reasonable cooperation in the defence of the claim at your expense, but in our own discretion. You may not settle any claim without our consent if it includes a financial or specific performance obligation on or admission of liability by us.
13.1. Your duty to indemnify: You shall defend, indemnify and hold harmless Sendr and its officers, directors, employees, agents, successors from and against any third party claims, actions, proceedings, losses, liabilities, damages, expenses and costs (including without limitation court costs and reasonable legal fees) arising out of or in connection with to: (a) the use of our Services by you or your Affiliates; (b) the Content; (c) your violation of these Terms; and (d) the violation, misappropriation or infringement of any rights of Sendr or any third party (including intellectual property rights or privacy rights) by your or an Affiliate.
13.2. Control of defence: We will notify you of any claim subject to indemnification as soon as reasonably possible, but you will have sole authority to defend or settle the claim. We may participate and/or provide reasonable cooperation in the defence of the claim at your expense, but in our own discretion. You may not settle any claim without our consent if it includes a financial or specific performance obligation on or admission of liability by us.
13.1. Your duty to indemnify: You shall defend, indemnify and hold harmless Sendr and its officers, directors, employees, agents, successors from and against any third party claims, actions, proceedings, losses, liabilities, damages, expenses and costs (including without limitation court costs and reasonable legal fees) arising out of or in connection with to: (a) the use of our Services by you or your Affiliates; (b) the Content; (c) your violation of these Terms; and (d) the violation, misappropriation or infringement of any rights of Sendr or any third party (including intellectual property rights or privacy rights) by your or an Affiliate.
13.2. Control of defence: We will notify you of any claim subject to indemnification as soon as reasonably possible, but you will have sole authority to defend or settle the claim. We may participate and/or provide reasonable cooperation in the defence of the claim at your expense, but in our own discretion. You may not settle any claim without our consent if it includes a financial or specific performance obligation on or admission of liability by us.
13.1. Your duty to indemnify: You shall defend, indemnify and hold harmless Sendr and its officers, directors, employees, agents, successors from and against any third party claims, actions, proceedings, losses, liabilities, damages, expenses and costs (including without limitation court costs and reasonable legal fees) arising out of or in connection with to: (a) the use of our Services by you or your Affiliates; (b) the Content; (c) your violation of these Terms; and (d) the violation, misappropriation or infringement of any rights of Sendr or any third party (including intellectual property rights or privacy rights) by your or an Affiliate.
13.2. Control of defence: We will notify you of any claim subject to indemnification as soon as reasonably possible, but you will have sole authority to defend or settle the claim. We may participate and/or provide reasonable cooperation in the defence of the claim at your expense, but in our own discretion. You may not settle any claim without our consent if it includes a financial or specific performance obligation on or admission of liability by us.
Term and Termination
14.1. Term: The Agreement shall commence on the date it is entered into and, unless otherwise terminated in accordance with this clause 14, shall continue for successive Relevant Periods until either party gives the other the following period of prior written notice:
14.1.1. in the case of monthly Relevant Periods, at least 10 days' written notice prior to the end of the then-current Relevant Period; or
14.1.2. in the case of quarterly or annual Relevant Periods, at least 30 days' written notice prior to the end of the then-current Relevant Period, in each case in accordance with clause 15.1 and after which notice this Agreement shall terminate at the end of the then-current Relevant Period. For Relevant Periods that are quarterly or annual, you will continue to receive your Credit Allowances on a monthly basis until expiry of the Relevant Period.
14.2. Sendr Suspension and Termination: Sendr may suspend or terminate these Terms with immediate effect by giving written notice to you if you materially breach these Terms. Upon any termination in accordance with this clause 14.2, you will lose the right to access or use our Services.
14.3. Effects of termination: Termination does not relieve you of obligations to pay Credit Fees or liability for acts prior to termination. Upon termination we will make reasonable efforts to delete your Content in accordance with clause 6.3 above.
14.4. Survival: Any provision of these Terms that expressly or by implication is intended to come into or continue in force on or after termination of these Terms, including clauses 6.3 (Backups), 7.4.2 (Failure to Pay, 9 (Improving the Services and feedback), 10 (Intellectual property rights), 12 (Disclaimers and limitations of liability), 13 (Indemnification), 14.3 (Effects of termination), 14.4 (Survival) 16 (Governing law and jurisdiction) and 17 (General terms).
14.1. Term: The Agreement shall commence on the date it is entered into and, unless otherwise terminated in accordance with this clause 14, shall continue for successive Relevant Periods until either party gives the other the following period of prior written notice:
14.1.1. in the case of monthly Relevant Periods, at least 10 days' written notice prior to the end of the then-current Relevant Period; or
14.1.2. in the case of quarterly or annual Relevant Periods, at least 30 days' written notice prior to the end of the then-current Relevant Period, in each case in accordance with clause 15.1 and after which notice this Agreement shall terminate at the end of the then-current Relevant Period. For Relevant Periods that are quarterly or annual, you will continue to receive your Credit Allowances on a monthly basis until expiry of the Relevant Period.
14.2. Sendr Suspension and Termination: Sendr may suspend or terminate these Terms with immediate effect by giving written notice to you if you materially breach these Terms. Upon any termination in accordance with this clause 14.2, you will lose the right to access or use our Services.
14.3. Effects of termination: Termination does not relieve you of obligations to pay Credit Fees or liability for acts prior to termination. Upon termination we will make reasonable efforts to delete your Content in accordance with clause 6.3 above.
14.4. Survival: Any provision of these Terms that expressly or by implication is intended to come into or continue in force on or after termination of these Terms, including clauses 6.3 (Backups), 7.4.2 (Failure to Pay, 9 (Improving the Services and feedback), 10 (Intellectual property rights), 12 (Disclaimers and limitations of liability), 13 (Indemnification), 14.3 (Effects of termination), 14.4 (Survival) 16 (Governing law and jurisdiction) and 17 (General terms).
14.1. Term: The Agreement shall commence on the date it is entered into and, unless otherwise terminated in accordance with this clause 14, shall continue for successive Relevant Periods until either party gives the other the following period of prior written notice:
14.1.1. in the case of monthly Relevant Periods, at least 10 days' written notice prior to the end of the then-current Relevant Period; or
14.1.2. in the case of quarterly or annual Relevant Periods, at least 30 days' written notice prior to the end of the then-current Relevant Period, in each case in accordance with clause 15.1 and after which notice this Agreement shall terminate at the end of the then-current Relevant Period. For Relevant Periods that are quarterly or annual, you will continue to receive your Credit Allowances on a monthly basis until expiry of the Relevant Period.
14.2. Sendr Suspension and Termination: Sendr may suspend or terminate these Terms with immediate effect by giving written notice to you if you materially breach these Terms. Upon any termination in accordance with this clause 14.2, you will lose the right to access or use our Services.
14.3. Effects of termination: Termination does not relieve you of obligations to pay Credit Fees or liability for acts prior to termination. Upon termination we will make reasonable efforts to delete your Content in accordance with clause 6.3 above.
14.4. Survival: Any provision of these Terms that expressly or by implication is intended to come into or continue in force on or after termination of these Terms, including clauses 6.3 (Backups), 7.4.2 (Failure to Pay, 9 (Improving the Services and feedback), 10 (Intellectual property rights), 12 (Disclaimers and limitations of liability), 13 (Indemnification), 14.3 (Effects of termination), 14.4 (Survival) 16 (Governing law and jurisdiction) and 17 (General terms).
14.1. Term: The Agreement shall commence on the date it is entered into and, unless otherwise terminated in accordance with this clause 14, shall continue for successive Relevant Periods until either party gives the other the following period of prior written notice:
14.1.1. in the case of monthly Relevant Periods, at least 10 days' written notice prior to the end of the then-current Relevant Period; or
14.1.2. in the case of quarterly or annual Relevant Periods, at least 30 days' written notice prior to the end of the then-current Relevant Period, in each case in accordance with clause 15.1 and after which notice this Agreement shall terminate at the end of the then-current Relevant Period. For Relevant Periods that are quarterly or annual, you will continue to receive your Credit Allowances on a monthly basis until expiry of the Relevant Period.
14.2. Sendr Suspension and Termination: Sendr may suspend or terminate these Terms with immediate effect by giving written notice to you if you materially breach these Terms. Upon any termination in accordance with this clause 14.2, you will lose the right to access or use our Services.
14.3. Effects of termination: Termination does not relieve you of obligations to pay Credit Fees or liability for acts prior to termination. Upon termination we will make reasonable efforts to delete your Content in accordance with clause 6.3 above.
14.4. Survival: Any provision of these Terms that expressly or by implication is intended to come into or continue in force on or after termination of these Terms, including clauses 6.3 (Backups), 7.4.2 (Failure to Pay, 9 (Improving the Services and feedback), 10 (Intellectual property rights), 12 (Disclaimers and limitations of liability), 13 (Indemnification), 14.3 (Effects of termination), 14.4 (Survival) 16 (Governing law and jurisdiction) and 17 (General terms).
Notices and Contact Information
15.1. Any official communication to either party should be in written form and sent via email. Notices directed to Sendr should be sent to legal@sendr.io. By using our Services, you consent to our right to send notices to the email address you provided during registration or any other address on record. These notices will be deemed effective upon their receipt.
15.2. We reserve the right to contact you regarding these Terms using the information you have supplied or by alternative means in case no contact information has been provided. If you wish to discontinue receiving communications from Sendr, you can unsubscribe by clicking on the provided 'unsubscribe' link in our communications or reach out to us.
15.3. Upon creating a Service account, you are required to specify a primary email address for receiving electronic communications related to these Terms and our Services. Please note that Sendr will never solicit confidential information such as account numbers, usernames, or passwords via email. We advise against responding to any email requesting such information purportedly from Sendr. If such an email is received, please refrain from responding and immediately notify us by emailing us.
15.4. For any other feedback, comments, requests for technical support, or additional communications concerning the Service or the Terms, kindly contact us via:
Intro Labs Ltd t/a Sendr
Winslade Park, Manor Drive Clyst St Mary, Exeter, EX5 1FY United Kingdom
15.1. Any official communication to either party should be in written form and sent via email. Notices directed to Sendr should be sent to legal@sendr.io. By using our Services, you consent to our right to send notices to the email address you provided during registration or any other address on record. These notices will be deemed effective upon their receipt.
15.2. We reserve the right to contact you regarding these Terms using the information you have supplied or by alternative means in case no contact information has been provided. If you wish to discontinue receiving communications from Sendr, you can unsubscribe by clicking on the provided 'unsubscribe' link in our communications or reach out to us.
15.3. Upon creating a Service account, you are required to specify a primary email address for receiving electronic communications related to these Terms and our Services. Please note that Sendr will never solicit confidential information such as account numbers, usernames, or passwords via email. We advise against responding to any email requesting such information purportedly from Sendr. If such an email is received, please refrain from responding and immediately notify us by emailing us.
15.4. For any other feedback, comments, requests for technical support, or additional communications concerning the Service or the Terms, kindly contact us via:
Intro Labs Ltd t/a Sendr
Winslade Park, Manor Drive Clyst St Mary, Exeter, EX5 1FY United Kingdom
15.1. Any official communication to either party should be in written form and sent via email. Notices directed to Sendr should be sent to legal@sendr.io. By using our Services, you consent to our right to send notices to the email address you provided during registration or any other address on record. These notices will be deemed effective upon their receipt.
15.2. We reserve the right to contact you regarding these Terms using the information you have supplied or by alternative means in case no contact information has been provided. If you wish to discontinue receiving communications from Sendr, you can unsubscribe by clicking on the provided 'unsubscribe' link in our communications or reach out to us.
15.3. Upon creating a Service account, you are required to specify a primary email address for receiving electronic communications related to these Terms and our Services. Please note that Sendr will never solicit confidential information such as account numbers, usernames, or passwords via email. We advise against responding to any email requesting such information purportedly from Sendr. If such an email is received, please refrain from responding and immediately notify us by emailing us.
15.4. For any other feedback, comments, requests for technical support, or additional communications concerning the Service or the Terms, kindly contact us via:
Intro Labs Ltd t/a Sendr
Winslade Park, Manor Drive Clyst St Mary, Exeter, EX5 1FY United Kingdom
15.1. Any official communication to either party should be in written form and sent via email. Notices directed to Sendr should be sent to legal@sendr.io. By using our Services, you consent to our right to send notices to the email address you provided during registration or any other address on record. These notices will be deemed effective upon their receipt.
15.2. We reserve the right to contact you regarding these Terms using the information you have supplied or by alternative means in case no contact information has been provided. If you wish to discontinue receiving communications from Sendr, you can unsubscribe by clicking on the provided 'unsubscribe' link in our communications or reach out to us.
15.3. Upon creating a Service account, you are required to specify a primary email address for receiving electronic communications related to these Terms and our Services. Please note that Sendr will never solicit confidential information such as account numbers, usernames, or passwords via email. We advise against responding to any email requesting such information purportedly from Sendr. If such an email is received, please refrain from responding and immediately notify us by emailing us.
15.4. For any other feedback, comments, requests for technical support, or additional communications concerning the Service or the Terms, kindly contact us via:
Intro Labs Ltd t/a Sendr
Winslade Park, Manor Drive Clyst St Mary, Exeter, EX5 1FY United Kingdom
Governing law and jurisdiction
16.1. These Terms and any dispute or clam (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the law of England and Wales, without regard to its conflict of law provisions.
16.2. Each Party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these Terms or its subject matter or formation.
16.1. These Terms and any dispute or clam (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the law of England and Wales, without regard to its conflict of law provisions.
16.2. Each Party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these Terms or its subject matter or formation.
16.1. These Terms and any dispute or clam (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the law of England and Wales, without regard to its conflict of law provisions.
16.2. Each Party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these Terms or its subject matter or formation.
16.1. These Terms and any dispute or clam (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the law of England and Wales, without regard to its conflict of law provisions.
16.2. Each Party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these Terms or its subject matter or formation.
General Terms
17.1. Inadequacy of Damages: Without prejudice to any other rights or remedies that we may have, you acknowledge and agrees that damages alone would not be an adequate remedy for any breach of the terms of these Terms. Accordingly, we shall be entitled to the remedies of injunction, specific performance or other equitable relief for any threatened or actual breach of the terms of these Terms.
17.2. Waiver: A waiver of any right or remedy is only effective if given in writing and shall not be deemed a waiver of any subsequent right or remedy. A delay or failure to exercise, or the single or partial exercise of, any right or remedy does not waive that or any other right or remedy, nor does it prevent or restrict the further exercise of that or any other right or remedy.
17.3. Severability: Should any part of these Terms be deemed invalid, illegal, or unenforceable by a court or a tribunal of competent jurisdiction, that specific provision will be either removed or restricted to the smallest extent possible, ensuring that the rest of the Terms of Service remains fully effective and enforceable.
17.4. Assignment: You may not assign or transfer these Terms without our prior written consent, and any unauthorised assignment is void. We may assign these Terms with notice to you. These Terms bind successors and assigns.
17.5. No third party beneficiaries: These Terms do not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term under these Terms.
17.6. Entire agreement: Save for exceptions outlined below, the Agreement constitutes the entire agreement and understanding of the parties relating to the subject matter of this Agreement and supersedes and extinguishes any previous agreements, promises, assurances and understandings between the parties, whether written or oral, in relation to such subject matter. In entering into the Agreement, the parties have not relied on any statement, representation, warranty, understanding, undertaking, promise or assurance (whether negligently or innocently made) of any person (whether party to the Agreement or not) other than as expressly set out in the Agreement. Each party irrevocably and unconditionally waives all claims, rights and remedies which but for this clause it might otherwise have had in relation to any of the foregoing. Sendr reserves the right to engage in a separate agreement with you. Any terms outlined in a separate agreement between you and Sendr will form an integral part of your comprehensive agreement with Sendr. In cases where there is a conflict between these Terms and the terms of your separate agreement with Sendr, the terms of your separate agreement with Sendr will take precedence. Nothing in this clause shall limit or exclude any liability for fraud.
17.7. Service Interruptions, Crashes, or Outages: Sendr cannot guarantee uninterrupted or constant availability of the Services. Both unscheduled and scheduled interruptions may occur. Periodically, various factors beyond Sendr's control may cause interruptions, delays, crashes, outages, errors, or other obstacles in delivering the Services. Some of these factors might require scheduled or unscheduled site maintenance or service downtime (collectively referred to as "Downtime").
17.8. During scheduled maintenance or downtime, you may receive notifications, and we will strive to complete such scheduled maintenance promptly. However, in the event of an unscheduled downtime, such as a crash, our objective will be to reasonably resolve the issue and restore the service as swiftly as possible. Throughout these scheduled or unscheduled downtimes, you may experience an inability to transmit or receive data through the site.
17.9. You acknowledge and understand that during any period of such downtime, a portion or all of the Services may become inaccessible. Furthermore, you accept that Sendr will not be held liable or responsible for any inconvenience or losses you may experience due to such downtime, including any temporary or permanent loss of user Content.
17.1. Inadequacy of Damages: Without prejudice to any other rights or remedies that we may have, you acknowledge and agrees that damages alone would not be an adequate remedy for any breach of the terms of these Terms. Accordingly, we shall be entitled to the remedies of injunction, specific performance or other equitable relief for any threatened or actual breach of the terms of these Terms.
17.2. Waiver: A waiver of any right or remedy is only effective if given in writing and shall not be deemed a waiver of any subsequent right or remedy. A delay or failure to exercise, or the single or partial exercise of, any right or remedy does not waive that or any other right or remedy, nor does it prevent or restrict the further exercise of that or any other right or remedy.
17.3. Severability: Should any part of these Terms be deemed invalid, illegal, or unenforceable by a court or a tribunal of competent jurisdiction, that specific provision will be either removed or restricted to the smallest extent possible, ensuring that the rest of the Terms of Service remains fully effective and enforceable.
17.4. Assignment: You may not assign or transfer these Terms without our prior written consent, and any unauthorised assignment is void. We may assign these Terms with notice to you. These Terms bind successors and assigns.
17.5. No third party beneficiaries: These Terms do not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term under these Terms.
17.6. Entire agreement: Save for exceptions outlined below, the Agreement constitutes the entire agreement and understanding of the parties relating to the subject matter of this Agreement and supersedes and extinguishes any previous agreements, promises, assurances and understandings between the parties, whether written or oral, in relation to such subject matter. In entering into the Agreement, the parties have not relied on any statement, representation, warranty, understanding, undertaking, promise or assurance (whether negligently or innocently made) of any person (whether party to the Agreement or not) other than as expressly set out in the Agreement. Each party irrevocably and unconditionally waives all claims, rights and remedies which but for this clause it might otherwise have had in relation to any of the foregoing. Sendr reserves the right to engage in a separate agreement with you. Any terms outlined in a separate agreement between you and Sendr will form an integral part of your comprehensive agreement with Sendr. In cases where there is a conflict between these Terms and the terms of your separate agreement with Sendr, the terms of your separate agreement with Sendr will take precedence. Nothing in this clause shall limit or exclude any liability for fraud.
17.7. Service Interruptions, Crashes, or Outages: Sendr cannot guarantee uninterrupted or constant availability of the Services. Both unscheduled and scheduled interruptions may occur. Periodically, various factors beyond Sendr's control may cause interruptions, delays, crashes, outages, errors, or other obstacles in delivering the Services. Some of these factors might require scheduled or unscheduled site maintenance or service downtime (collectively referred to as "Downtime").
17.8. During scheduled maintenance or downtime, you may receive notifications, and we will strive to complete such scheduled maintenance promptly. However, in the event of an unscheduled downtime, such as a crash, our objective will be to reasonably resolve the issue and restore the service as swiftly as possible. Throughout these scheduled or unscheduled downtimes, you may experience an inability to transmit or receive data through the site.
17.9. You acknowledge and understand that during any period of such downtime, a portion or all of the Services may become inaccessible. Furthermore, you accept that Sendr will not be held liable or responsible for any inconvenience or losses you may experience due to such downtime, including any temporary or permanent loss of user Content.
17.1. Inadequacy of Damages: Without prejudice to any other rights or remedies that we may have, you acknowledge and agrees that damages alone would not be an adequate remedy for any breach of the terms of these Terms. Accordingly, we shall be entitled to the remedies of injunction, specific performance or other equitable relief for any threatened or actual breach of the terms of these Terms.
17.2. Waiver: A waiver of any right or remedy is only effective if given in writing and shall not be deemed a waiver of any subsequent right or remedy. A delay or failure to exercise, or the single or partial exercise of, any right or remedy does not waive that or any other right or remedy, nor does it prevent or restrict the further exercise of that or any other right or remedy.
17.3. Severability: Should any part of these Terms be deemed invalid, illegal, or unenforceable by a court or a tribunal of competent jurisdiction, that specific provision will be either removed or restricted to the smallest extent possible, ensuring that the rest of the Terms of Service remains fully effective and enforceable.
17.4. Assignment: You may not assign or transfer these Terms without our prior written consent, and any unauthorised assignment is void. We may assign these Terms with notice to you. These Terms bind successors and assigns.
17.5. No third party beneficiaries: These Terms do not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term under these Terms.
17.6. Entire agreement: Save for exceptions outlined below, the Agreement constitutes the entire agreement and understanding of the parties relating to the subject matter of this Agreement and supersedes and extinguishes any previous agreements, promises, assurances and understandings between the parties, whether written or oral, in relation to such subject matter. In entering into the Agreement, the parties have not relied on any statement, representation, warranty, understanding, undertaking, promise or assurance (whether negligently or innocently made) of any person (whether party to the Agreement or not) other than as expressly set out in the Agreement. Each party irrevocably and unconditionally waives all claims, rights and remedies which but for this clause it might otherwise have had in relation to any of the foregoing. Sendr reserves the right to engage in a separate agreement with you. Any terms outlined in a separate agreement between you and Sendr will form an integral part of your comprehensive agreement with Sendr. In cases where there is a conflict between these Terms and the terms of your separate agreement with Sendr, the terms of your separate agreement with Sendr will take precedence. Nothing in this clause shall limit or exclude any liability for fraud.
17.7. Service Interruptions, Crashes, or Outages: Sendr cannot guarantee uninterrupted or constant availability of the Services. Both unscheduled and scheduled interruptions may occur. Periodically, various factors beyond Sendr's control may cause interruptions, delays, crashes, outages, errors, or other obstacles in delivering the Services. Some of these factors might require scheduled or unscheduled site maintenance or service downtime (collectively referred to as "Downtime").
17.8. During scheduled maintenance or downtime, you may receive notifications, and we will strive to complete such scheduled maintenance promptly. However, in the event of an unscheduled downtime, such as a crash, our objective will be to reasonably resolve the issue and restore the service as swiftly as possible. Throughout these scheduled or unscheduled downtimes, you may experience an inability to transmit or receive data through the site.
17.9. You acknowledge and understand that during any period of such downtime, a portion or all of the Services may become inaccessible. Furthermore, you accept that Sendr will not be held liable or responsible for any inconvenience or losses you may experience due to such downtime, including any temporary or permanent loss of user Content.
17.1. Inadequacy of Damages: Without prejudice to any other rights or remedies that we may have, you acknowledge and agrees that damages alone would not be an adequate remedy for any breach of the terms of these Terms. Accordingly, we shall be entitled to the remedies of injunction, specific performance or other equitable relief for any threatened or actual breach of the terms of these Terms.
17.2. Waiver: A waiver of any right or remedy is only effective if given in writing and shall not be deemed a waiver of any subsequent right or remedy. A delay or failure to exercise, or the single or partial exercise of, any right or remedy does not waive that or any other right or remedy, nor does it prevent or restrict the further exercise of that or any other right or remedy.
17.3. Severability: Should any part of these Terms be deemed invalid, illegal, or unenforceable by a court or a tribunal of competent jurisdiction, that specific provision will be either removed or restricted to the smallest extent possible, ensuring that the rest of the Terms of Service remains fully effective and enforceable.
17.4. Assignment: You may not assign or transfer these Terms without our prior written consent, and any unauthorised assignment is void. We may assign these Terms with notice to you. These Terms bind successors and assigns.
17.5. No third party beneficiaries: These Terms do not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term under these Terms.
17.6. Entire agreement: Save for exceptions outlined below, the Agreement constitutes the entire agreement and understanding of the parties relating to the subject matter of this Agreement and supersedes and extinguishes any previous agreements, promises, assurances and understandings between the parties, whether written or oral, in relation to such subject matter. In entering into the Agreement, the parties have not relied on any statement, representation, warranty, understanding, undertaking, promise or assurance (whether negligently or innocently made) of any person (whether party to the Agreement or not) other than as expressly set out in the Agreement. Each party irrevocably and unconditionally waives all claims, rights and remedies which but for this clause it might otherwise have had in relation to any of the foregoing. Sendr reserves the right to engage in a separate agreement with you. Any terms outlined in a separate agreement between you and Sendr will form an integral part of your comprehensive agreement with Sendr. In cases where there is a conflict between these Terms and the terms of your separate agreement with Sendr, the terms of your separate agreement with Sendr will take precedence. Nothing in this clause shall limit or exclude any liability for fraud.
17.7. Service Interruptions, Crashes, or Outages: Sendr cannot guarantee uninterrupted or constant availability of the Services. Both unscheduled and scheduled interruptions may occur. Periodically, various factors beyond Sendr's control may cause interruptions, delays, crashes, outages, errors, or other obstacles in delivering the Services. Some of these factors might require scheduled or unscheduled site maintenance or service downtime (collectively referred to as "Downtime").
17.8. During scheduled maintenance or downtime, you may receive notifications, and we will strive to complete such scheduled maintenance promptly. However, in the event of an unscheduled downtime, such as a crash, our objective will be to reasonably resolve the issue and restore the service as swiftly as possible. Throughout these scheduled or unscheduled downtimes, you may experience an inability to transmit or receive data through the site.
17.9. You acknowledge and understand that during any period of such downtime, a portion or all of the Services may become inaccessible. Furthermore, you accept that Sendr will not be held liable or responsible for any inconvenience or losses you may experience due to such downtime, including any temporary or permanent loss of user Content.
Questions?
Feedback, comments, requests for technical support, and other communications relating to the Services should be directed to us. Please contact us at support@sendr.io.
Feedback, comments, requests for technical support, and other communications relating to the Services should be directed to us. Please contact us at support@sendr.io.
Feedback, comments, requests for technical support, and other communications relating to the Services should be directed to us. Please contact us at support@sendr.io.
Feedback, comments, requests for technical support, and other communications relating to the Services should be directed to us. Please contact us at support@sendr.io.
Appendix
Particulars of processing:
Particulars of processing:
Particulars of processing:
Particulars of processing:
Scope
Scope
Scope
Scope
Personal data comprised in the Content in connection with use of the services.
Personal data comprised in the Content in connection with use of the services.
Personal data comprised in the Content in connection with use of the services.
Personal data comprised in the Content in connection with use of the services.
Nature and purpose of Processing
Nature and purpose of Processing
Nature and purpose of Processing
Nature and purpose of Processing
Provision of Services which enable you to create enriched content including landing pages and animated thumbnails and send them by email to your contacts.
Provision of Services which enable you to create enriched content including landing pages and animated thumbnails and send them by email to your contacts.
Provision of Services which enable you to create enriched content including landing pages and animated thumbnails and send them by email to your contacts.
Provision of Services which enable you to create enriched content including landing pages and animated thumbnails and send them by email to your contacts.
Types of personal data
Types of personal data
Types of personal data
Types of personal data
Your client's/prospective client's name and email address.
Your client's/prospective client's name and email address.
Your client's/prospective client's name and email address.
Your client's/prospective client's name and email address.
Categories of Data Subjects
Categories of Data Subjects
Categories of Data Subjects
Categories of Data Subjects
Your clients and prospective clients.
Your clients and prospective clients.
Your clients and prospective clients.
Your clients and prospective clients.
Duration
Duration
Duration
Duration
The duration of the Agreement.
The duration of the Agreement.
The duration of the Agreement.
The duration of the Agreement.
TECHNICAL AND ORGANISATIONAL MEASURES TO PROTECT PERSONAL DATA
TECHNICAL AND ORGANISATIONAL MEASURES TO PROTECT PERSONAL DATA
TECHNICAL AND ORGANISATIONAL MEASURES TO PROTECT PERSONAL DATA
TECHNICAL AND ORGANISATIONAL MEASURES TO PROTECT PERSONAL DATA
Sendr maintains an up-to-date certification to ISO27001 and Cyber Essentials standards. In particular an Information Security Management System is maintained in accordance with ISO27001. Sendr performs reviews of data protection, cyber security and incident management processes.
Sendr's cloud-based hosting infrastructure (as mainted by a third party provider) is SOC-2 compliant. Sendr uses an email verification code during account setup.
Sendr maintains an up-to-date certification to ISO27001 and Cyber Essentials standards. In particular an Information Security Management System is maintained in accordance with ISO27001. Sendr performs reviews of data protection, cyber security and incident management processes.
Sendr's cloud-based hosting infrastructure (as mainted by a third party provider) is SOC-2 compliant. Sendr uses an email verification code during account setup.
Sendr maintains an up-to-date certification to ISO27001 and Cyber Essentials standards. In particular an Information Security Management System is maintained in accordance with ISO27001. Sendr performs reviews of data protection, cyber security and incident management processes.
Sendr's cloud-based hosting infrastructure (as mainted by a third party provider) is SOC-2 compliant. Sendr uses an email verification code during account setup.
Sendr maintains an up-to-date certification to ISO27001 and Cyber Essentials standards. In particular an Information Security Management System is maintained in accordance with ISO27001. Sendr performs reviews of data protection, cyber security and incident management processes.
Sendr's cloud-based hosting infrastructure (as mainted by a third party provider) is SOC-2 compliant. Sendr uses an email verification code during account setup.
More leads, cost free.
Start your 30-day trial today and see your targets smashed.
Not sure? Book a demo
More leads, cost free.
Start your 30-day trial today and see your targets smashed.
Not sure? Book a demo
More leads, cost free.
Start your 30-day trial today and see your targets smashed.
Not sure? Book a demo
More leads, cost free.
Start your 30-day trial today and see your targets smashed.
Not sure? Book a demo
More leads,
cost free.
Start your 30-day trial today and see your targets smashed.
Not sure? Book a demo
Unlock the power of personalised outreach with Sendr
Sendr™ (Intro Labs Ltd.) Registered in England and Wales | Company No. 15204378 | VAT No. 468901066
Registered Office: Third Floor, Broadwalk House, Southernhay West, Exeter, Devon, United Kingdom, EX1 1TS
Unlock the power of personalised outreach with Sendr
Sendr™ (Intro Labs Ltd.) Registered in England and Wales | Company No. 15204378 | VAT No. 468901066
Registered Office: Third Floor, Broadwalk House, Southernhay West, Exeter, Devon, United Kingdom, EX1 1TS
Unlock the power of personalised outreach with Sendr
Sendr™ (Intro Labs Ltd.) Registered in England and Wales | Company No. 15204378 | VAT No. 468901066
Registered Office: Third Floor, Broadwalk House, Southernhay West, Exeter, Devon, United Kingdom, EX1 1TS
Unlock the power of personalised outreach with Sendr
Sendr™ (Intro Labs Ltd.) Registered in England and Wales | Company No. 15204378 | VAT No. 468901066
Registered Office: Third Floor, Broadwalk House, Southernhay West, Exeter, Devon, United Kingdom, EX1 1TS
Unlock the power of personalised outreach with Sendr
A Houghton.Works website
Sendr™ (Intro Labs Ltd.) Registered in England and Wales
Company No. 15204378 | VAT No. 468901066
Registered Office: Third Floor, Broadwalk House, Southernhay West, Exeter, Devon, United Kingdom, EX1 1TS