Terms of Service

1. DEFINITIONS

The following definitions apply together with other terms defined in this document:

• "Sendio": outreach platform operated by ESFERA DESIGN LTDA., including website, web dashboard, integrations, and APIs.
• "Client": natural or legal person responsible for the contracting account, its authorized users, and its data.
• "Account": the Client's access environment in Sendio, which may contain multiple users with different roles and permissions.
• "Lead": potential customer contact imported, created, or synced by the Client for use in campaigns.
• "Campaign": set of rules, messages, steps, and triggers configured for outreach actions.
• "Credits": consumption unit used in specific Platform functionalities, according to the contracted plan.
• "Integrations": connections with third-party services (such as email, CRM, and data providers) enabled by the Client.
• "User": person authorized by the Client to access the Account.

2. ACCEPTANCE AND MODIFICATION OF THE TERMS OF USE

2.1. By using any Platform functionality, the User confirms that they have read, understood, and accepted this Term in full, without any modification. If the User does not agree with this Term, they must not use the Platform.

2.2. The User acknowledges that the Platform operates through one or more APIs and integrations from partner companies. By using the Platform, the User agrees with this Sendio operating model.

2.3. Sendio may change any part of this Term in good faith, upon notice to the Client and publication of the updated version on its website. If the Client, or any User, continues using and/or otherwise accessing the Platform, it shall be deemed for all legal purposes that the Client, or any User, agreed to the new version of the Terms of Use.

3. CONDITIONS FOR ACCESS AND USE OF THE PLATFORM

3.1. Sendio grants the User a non-exclusive, non-transferable, non-sublicensable, limited, and revocable right to access and use the Platform, subject to compliance with Sendio's rules set forth in this document and applicable commercial limitations.

3.2. The Platform is provided on an "as is" and "as available" basis. Sendio may, at its sole discretion, update, change, add, or remove any part of the Platform, in whole or in part, at any time.

3.3. Registration: To use the Platform, Users must create a Sendio account, providing all requested data or information completely and accurately. Failure to do so will result in Service unavailability. Users are responsible for keeping their authentication data confidential and secure. For this reason, Users are also required to choose passwords that meet the highest strength standards allowed by this Site.

3.3.1. Upon registration, Users agree to be fully responsible for all activities that occur under their username and password. Users must immediately and unequivocally notify Sendio through the contact details provided in this document if they believe their personal information, including but not limited to User accounts, access data, or personal data, has been breached, improperly disclosed, or stolen.

3.4. Use of the Platform is restricted to individuals over 18 years old. By registering and using the services offered by the Platform, the User declares that they are of legal age and fully capable under civil law.

3.5. Sendio shall not be liable for any damage resulting from unauthorized use of the Client's login and password, with or without their knowledge. The Client must immediately notify Sendio if they identify improper or unauthorized use of their Account.

3.6. Platform functionalities made available to the Client may vary according to the service plan contracted by the Client.

3.7. The Client is solely and exclusively responsible for registration information entered on the Platform. The Client must ensure the full accuracy and truthfulness of the information provided, as well as keep it up to date at all times.

3.8. If there is doubt regarding the accuracy and truthfulness of information provided by the User, or when such doubts are brought to its attention by third parties, Sendio reserves the right to suspend the Client's Account access for identity verification and authentication.

3.9. The Client acknowledges and agrees that:

• Sendio's outreach and generative AI functionalities are support tools and do not replace human review of messages, segmentation, sending rules, and legal compliance;
• they are fully responsible for the content, recipients, context, and purpose of campaigns carried out on the Platform;
• they must observe laws and regulations applicable to commercial communications, privacy, and data protection in their jurisdiction.

3.10. The Client agrees that they are solely and exclusively responsible for the use and sending of content generated or edited on the Platform, acknowledging that automated suggestions may contain errors, inaccuracies, or language unsuitable for the context.

3.11. The User agrees to use the Platform properly, committing to:

• not infringe third-party rights, such as copyright, industrial property rights, privacy, among others;
• refrain from carrying out, through the Platform, any unlawful, immoral, unethical act, act contrary to public morals, or act that violates any terms of this instrument;
• refrain from any practice that may violate the protection of Sendio's and/or any third party's intellectual property rights;
• not perform any acts that affect Sendio's ability to provide the Platform to other Clients or that may harm it;
• perform all activities necessary to comply with this Term using the means made available by the Platform;
• comply with all laws and regulations applicable to their activity.
• respect anti-spam policies, email provider rules, and sending limits established by Sendio and third parties.

3.12. Any adversarial prompt technique within the Sendio Platform is strictly prohibited, including Prompt Injection, Prompt Leaking, and Jailbreaking.

3.13. Failure to comply with any User obligation within the Sendio Platform will result in immediate and permanent removal of the User from the Platform, without prior notice.

4. PURCHASE AND USE OF CREDITS

4.1. By default, services provided through the Sendio Platform are offered under a credit package subscription model, on a monthly or annual basis.

4.2. According to the contracted plan, credits are released for use within the relevant period, whether monthly or annually.

4.2.1. Credits purchased through a monthly plan are valid for up to 30 days and are non-cumulative.

4.2.2. Credits purchased through an annual plan are released in full at the time of contracting, with a validity of 364 days.

4.4. Purchased credits may be used for:

• generation and improvement of messages with Artificial Intelligence;
• lead data enrichment and validation;
• execution of automations and premium outreach features.

4.10. Plan cancellation does not grant a right to refunds for proportional unused periods, except where expressly provided otherwise in contract or applicable law.

5. INTELLECTUAL PROPERTY

5.1. The User acknowledges and agrees that all technological resources of the Platform are and will remain the sole and exclusive property of Sendio.

5.3. All media, software, text, images, logos, and technology of the Platform are the exclusive property of Sendio or its licensors.

6. WARRANTIES AND LIABILITY

6.1. Disclaimer of warranties and limitation of liability are fundamental elements of Sendio's business model.

6.4. Sendio does not guarantee commercial results, specific response rates, scheduled meetings, conversions, or revenue. The Client is responsible for campaign strategy and validation.

6.12. Sendio respects privacy and personal data protection in accordance with Brazil's LGPD (Law No. 13,709/2018).

6.13. Sendio is not responsible for blocks, limitations, or penalties imposed by email providers, social networks, or other third parties resulting from the Client's conduct.

7. INTEGRATIONS AND THIRD-PARTY DATA

7.1. Sendio may offer integrations with third-party services. Use of such services is also subject to the terms and policies of the respective providers.

7.2. The Client declares that they have lawful basis and proper authorization to import, process, and use lead and contact data on the Platform.

7.3. Sendio acts as the technological operator of the Platform and does not claim ownership over lead data entered by the Client, except to the extent necessary for service operation.

8. TERMINATION OF THE CONTRACTUAL RELATIONSHIP

8.1. The Client may cancel use of the Platform at any time. Sendio may suspend or cancel accounts in case of violation of these terms.

8.2. In case of default, platform abuse, spam practices, or use in non-compliance with this Term, Sendio may apply temporary blocks or permanently terminate the Account.

9. GENERAL PROVISIONS

9.5. Technical support: contato@sendio.io, with a response time of up to 72 business hours.

9.6. Term: This Term shall remain in effect for an indefinite period.

10. GOVERNING LAW AND JURISDICTION

10.1. Governed by the laws of the Federative Republic of Brazil. Chosen venue: District of Curitiba, State of Parana.