Terms of Use

Platform: Sendora  •  Version: [1.1]  •  Effective: 01/04/2026

These Terms govern use of Sendora (the "Platform"), supplied by Caresoft Systems Private Limited, CIN [U72900MH2022PTC387875], registered office 311, Mahesh Industrial Estate , Silver Park, Mira Road East , Thane -401107 ("Caresoft", "we"), to the business identified in the Order ("Customer", "you").

These Terms incorporate the Acceptable Use & Anti-Spam Policy, Privacy Policy, Disclaimer, Refund Policy and Data Processing Addendum. On any question of what may be sent and to whom, the Acceptable Use Policy prevails.

1. Definitions

• "Contact Data" — the contact records you import or create in the Platform.
• "Campaign" — a set of messages sent through the Platform.
• "Upstream Provider" — a third party through which messages are transmitted, including our email provider and the WhatsApp Business Platform.
• "Suppression List" — contacts the Platform will not send to (§12).
• "Order" — the signup selection or agreement specifying plan, volumes, users, validity and fees.

2. Our role

• Caresoft provides software that stores your contact databases, composes and personalises messages, and transmits them through Upstream Providers.
• We are a conduit and a tool. The messages are yours — your list, your content, your decision to send.
• We do not write your content, do not select your recipients, do not verify your claims, and do not provide marketing or legal advice.
• We are not the sender of record for legal purposes. You are.
• We do not guarantee delivery, inbox placement, opens, clicks or responses (§10).

3. Licence and access levels

Subject to these Terms and payment, we grant you a non-exclusive, non-transferable, non-sublicensable right, during the validity period in your Order, to use the Platform for your own business, within the volume, user and database limits stated there.

You must not exceed licensed volumes; operate multiple accounts to spread volume, reputation damage or suppression; resell or provide the Platform as a service without a written reseller agreement; reverse engineer it; or use it to build a competing product.

4. Accounts and users

• Accounts are personal to each user. Do not share credentials — the audit trail of who sent which campaign to which list is what answers a complaint.
• Revoke access within [24] hours of a person leaving. A departing marketer with live send access is a serious risk.
• You are responsible for all activity under your accounts, including campaigns sent by anyone with access.
• Notify [email protected] immediately of suspected compromise. A compromised bulk-sending account is used for phishing within minutes.
• API keys are secrets. Rotate on personnel change.

5. Consent — your warranty

• You must maintain records of consent — source, date, method — and produce them within [3] working days of our request.
• Failure to produce them results in suspension of sending for that list.
• You warrant compliance with all applicable law in every jurisdiction you send to, including the Digital Personal Data Protection Act, 2023, applicable TRAI regulations, and foreign regimes where your recipients are located.
• This warranty is fundamental. Breach of it is grounds for immediate termination without refund, and is covered by the indemnity in §24.

6. Your contact databases

• You create named databases and import contacts. Populate the consent fields on import — they exist so you can answer a complaint later.
• The Platform validates format and flags likely-invalid addresses. Acting on those flags is your responsibility; the Platform will not refuse a send merely because addresses look poor, until a threshold is crossed.
• Bounced and complained addresses are marked and suppressed automatically and permanently (§12).
• Maintain hygiene as required by the Acceptable Use Policy §8.
• You may export your databases at any time.

7. Your content

• You are solely responsible for message content, subject lines, sender names, landing pages and anything you link to.
• Content must comply with the Acceptable Use Policy §§10–13, and with advertising, consumer protection and sector-specific law.
• We do not review content for accuracy, legality or good taste before sending, and the absence of a block is not approval.
• Automated screening may block content matching prohibited categories or known malicious links. That screening is a safety net, not a compliance check.
• Mail-merge fields populate from your data. Test before you send — a merge failure that greets ten thousand people as "Dear {FirstName}" is your error, not a platform fault.

8. Upstream providers

• An Upstream Provider may throttle, block, suspend or refuse messages at its discretion, without notice to us.
• Provider policies, pricing, categories and thresholds change without our involvement. We have no advance notice.
• Where a provider restricts our account because of your conduct, we may suspend you immediately and recover our resulting losses.
• Where your Order provides for you to use your own provider account, that relationship is yours, its costs are yours, and its suspension is yours to resolve.
• We are not liable for any act, omission, outage or policy decision of an Upstream Provider.

9. WhatsApp

• Prior opt-in is required for every recipient. No exception, no B2B carve-out.
• Marketing messages require Meta-approved templates. Approval and withdrawal are Meta's decisions.
• Meta scores your number's quality. Blocks and reports lower it, leading to messaging limits, restriction, and ban.
• A banned number is usually not recoverable. Neither Sendora nor Caresoft can restore it, and we are not liable for its loss.
• WhatsApp conversation charges are set by Meta, billed as stated in your Order, and are not refundable once a conversation has opened — including where the recipient never reads the message.
• You must maintain your own WhatsApp Business account compliance, including business verification and display name approval.

10. Deliverability

• "Sent" in a report means we transmitted it. It does not mean it arrived, reached an inbox rather than a spam folder, or was read.
• Open and click tracking is approximate. Image blocking, privacy proxies and pre-fetching all distort it — opens are inflated by some clients and suppressed by others.
• We give no warranty as to inbox placement rate, open rate, click rate, conversion or any commercial outcome.
• Domain reputation is built by your sending behaviour over time. We cannot repair a reputation damaged by a bad campaign, and nor can anyone else quickly.

11. Limits, throttling and pausing

• Sending volumes, rates and concurrency are as stated in your Order and may be adjusted for platform stability.
• New accounts and new domains are warmed up gradually. High volume is not enabled on day one, and asking will not change that — it protects your deliverability as much as ours.
• We may pause a Campaign automatically, mid-send, where bounce or complaint thresholds are crossed (AUP §9), where content screening flags a match, or where an Upstream Provider signals a problem.
• A paused Campaign requires review before resuming. Messages not sent during a pause are not charged, where charging is per message.
• We may throttle or block sending where necessary to protect the Platform or other customers.

12. Suppression

• Unsubscribes, complaints, hard bounces, repeated soft bounces and WhatsApp opt-outs are suppressed automatically and permanently.
• The Platform will not send to a suppressed contact — not from a new list, not from a re-import, not through the API.
• Attempting to circumvent suppression is grounds for immediate termination without refund, including re-importing, editing an address to bypass matching, or moving contacts to another account.
• You may add contacts to suppression manually. You cannot remove a contact suppressed for unsubscribe or complaint — only the contact can re-subscribe, through a fresh opt-in you can evidence.

13. Monitoring and evidence

• We monitor sending signals continuously — rates, patterns, volumes (AUP §17).
• We review content where a complaint, abuse report, provider notice or automated flag requires it, logged with a reason available to you.
• We may require consent evidence for any list at any time.
• We retain campaign metadata and send logs as described in the Privacy Policy, which is what allows us to answer a regulator or defend you against an unfounded complaint.

14. Your data and ownership

• You own all Contact Data and content. We claim no ownership and acquire no rights beyond providing the Platform.
• You grant us a limited licence to host, process and transmit it solely to provide, secure and support the Platform for you.
• We do not sell your Contact Data, do not use it for our own marketing, do not share it between customers, and do not use it to train artificial intelligence models.
• We do not merge your lists into any shared or aggregate database. Your list is yours alone.
• Export is available throughout the term and on exit (§25).

15. Data protection

Contact Data is personal data. You are the Data Fiduciary; Caresoft is a Data Processor, under the Data Processing Addendum. Data is stored and processed within India. You are responsible for the lawful basis, the notices and the consents — we act on your instructions and rely on your warranty in §5.

16. Security

We maintain the measures in the DPA, including encryption in transit and at rest, role-based access, multi-factor authentication for administrative access, tenant isolation, audit logging of campaign creation and sending, no production data in non-production environments, and periodic penetration testing.

You are responsible for your account security, user access hygiene and API keys. Each party notifies the other of a suspected incident immediately, and within [24] hours at the latest.

17. Availability and support

The Platform is provided on an "as available" basis. Unless a written SLA applies, we give no uptime commitment and no service credits. Support is per your plan via [email protected]. Interruption caused by an Upstream Provider is outside our responsibility.

18. Changes to the Platform

We may add, modify, deprecate or remove features. Where a change materially affects a paid feature we will give [30] days' notice; where it materially reduces value, you may terminate and receive a pro-rata refund of prepaid unused fees as your sole remedy. Changes required by an Upstream Provider may take effect immediately, because we have no choice.

19. Fees, credits and validity

• Fees, included volumes, overage rates and validity are as stated in your Order, in Indian rupees, exclusive of GST.
• Message credits, where purchased, are valid for the period stated and do not carry forward unless your Order says otherwise.
• Subscriptions renew automatically unless cancelled before renewal; price revisions require [30] days' notice.
• Invoices are payable within [15] days; overdue amounts attract interest at [1.5]% per month or the maximum permitted by law, whichever is lower.
• We may suspend after [7] days of non-payment following notice, and terminate after [30] days, with a reasonable export window first.
• WhatsApp conversation charges are pass-through at the rates Meta sets, which change without our involvement.

20. Intellectual property

Caresoft retains all rights in the Platform, its software, templates, documentation and the marks "Sendora" and "Caresoft". You retain all rights in your Contact Data and content. Templates we supply are licensed for use within the Platform and may not be resold. Feedback may be used by us without restriction, provided it contains no Contact Data.

21. Confidentiality

Each party protects the other's confidential information with at least reasonable care. Your contact lists are among your most commercially sensitive assets and are treated accordingly — never disclosed, never shared between customers, never aggregated. Obligations survive for [5] years, and indefinitely for Contact Data and source code.

22. Warranties

We warrant that we have the right to grant the licence, that the Platform will perform materially in accordance with its documentation, and that we will provide the services with reasonable skill and care.

You warrant the matters in §5, and that your content and conduct comply with applicable law.

23. Limitation of liability

24. Indemnities

• By us: against third-party claims that the Platform as supplied infringes intellectual property rights, subject to prompt notice, control of defence and cooperation.
• By you: against all claims, proceedings, penalties, losses and costs arising from — your Contact Data and how it was obtained; breach of the consent warranty in §5; your message content and anything you linked to; complaints by recipients; regulatory action including under TRAI regulations, the DPDP Act, or foreign anti-spam law; breach of the Acceptable Use Policy; and any restriction, penalty or loss we suffer from an Upstream Provider because of your conduct.

25. Term, termination and exit

• Term and validity as stated in your Order, renewing automatically unless cancelled before renewal.
• Either party may terminate for material breach not cured within [15] days, or immediately on insolvency.
• We may terminate immediately and without refund for: a purchased or scraped list; circumventing suppression; prohibited content; phishing, malware or fraud; or conduct causing an Upstream Provider to restrict us.
• Exit. On termination we make Contact Data, campaign history and suppression lists available for export for [30] days.
• Export your suppression list. It is the record of who must never be contacted again, and continuing to honour it after you leave is your obligation, not ours.
• Sections 14, 20, 21, 23, 24 and 26 survive termination.

26. Governing law and disputes

Governed by the laws of India. The parties will escalate in good faith for [30] days. Failing resolution, disputes are finally settled by arbitration under the Arbitration and Conciliation Act, 1996 by a sole arbitrator appointed by agreement, seated at [Mumbai, Maharashtra], in English. Subject to arbitration, the courts at [Mumbai, Maharashtra] have exclusive jurisdiction.

27. Grievance redressal

Grievance Officer (Information Technology Act, 2000; Digital Personal Data Protection Act, 2023):
Name: Rajeev Pillai  |  Email: [email protected]
Address: 311, Mahesh Industrial Estate , Silver Park, Mira Road East , Thane -401107
Acknowledgement within 24 hours; resolution within 15 days.

Abuse reports: [email protected] — acknowledged within 24 hours.

28. General

• Entire agreement — the Order, these Terms and the incorporated policies. Your purchase-order terms have no effect.
• Assignment — not without our consent, save to a successor of your business on notice. We may assign to an affiliate or in a merger or sale of assets.
• Subcontracting — permitted; we remain responsible. Sub-processors are governed by the DPA and listed at /subprocessors.
• Notices — to your registered email or in-product; to us at [email protected].
• Publicity — we may name you as a customer only with your prior written consent.
• Severability, waiver — standard. These Terms constitute an electronic record under the Information Technology Act, 2000.
• Amendment — material changes on [15] days' notice. Changes required by an Upstream Provider or by law may take effect immediately.