Terms of Service

1. Who we are and what these terms cover

Sendbaze (Pty) Ltd, registration number 2026/758394/07, a private company incorporated in the Republic of South Africa with its registered address at Tygerpoort, Monroe Close, Shere, Silver Lakes, Pretoria, Gauteng, 0084, South Africa ("Sendbaze", "we", "us"), provides an application programming interface, dashboard and related services for sending email and SMS (the "Service").

These Terms of Service ("Terms") are a binding agreement between Sendbaze and the organisation or person that creates an account ("you", the "Customer"). By creating an account or using the Service you accept these Terms, the Acceptable Use Policy, the Privacy Policy and, where you process personal information of others through the Service, the Data Processing Agreement. Together they are the "Agreement". If you accept on behalf of a company you warrant that you are authorised to bind it.

Where a signed order form or master agreement between us conflicts with these Terms, the signed document prevails for that conflict only.

2. Definitions

• "Customer Content" means the messages, templates, recipient addresses and numbers, contact and consent records, and other material you submit to the Service.
• "Organisation" means the workspace in the dashboard that is the billing unit and the data boundary. You may have more than one.
• "POPIA" means the Protection of Personal Information Act, 4 of 2013; "ECTA" means the Electronic Communications and Transactions Act, 25 of 2002; "CPA" means the Consumer Protection Act, 68 of 2008; "RICA" means the Regulation of Interception of Communications and Provision of Communication-related Information Act, 70 of 2002.
• "Personal information", "processing", "responsible party", "operator" and "data subject" have the meanings given in POPIA.
• "WASPA Code" means the Wireless Application Service Providers' Association Code of Conduct as amended from time to time.

3. Accounts and organisations

• You must provide accurate registration and billing details and keep them current. We may ask for proof of identity or company registration before enabling live sending.
• Members you invite to an Organisation act on your behalf. You are responsible for their use of the Service and for assigning appropriate roles.
• API keys are secrets. You are responsible for every send made with your keys until you revoke them. Tell us immediately at support@sendbaze.com if a key is exposed.
• You must be at least 18 years old and, if you are a consumer rather than a business, the CPA applies to you as set out in section 10.
• During the private beta we may limit sending volumes, features or the number of Organisations per account, and may withdraw beta access on notice.

4. Your content, your recipients and messaging law

You own Customer Content. You grant us the limited, non-exclusive right to store, process and transmit it to the extent needed to provide the Service, to enforce the Agreement, and as required by law.

You are the responsible party under POPIA for the personal information you send through the Service and we are your operator. You warrant that you have a lawful basis for every message, including consent or an existing-customer relationship as required by section 69 of POPIA for direct marketing, that your messages comply with the WASPA Code, ECTA section 45 and the Acceptable Use Policy, and that you will honour opt-outs promptly.

Email may only be sent from domains you have verified in the dashboard. SMS sender IDs are subject to approval and to the rules of the mobile networks.

5. Fees, credits and billing

• Fees are stated in South African rand and exclude value-added tax unless indicated. Where applicable, VAT is added at the prevailing rate and shown separately on the invoice.
• Plan fees are billed monthly in advance. Usage above a plan's allowance is billed in arrears at the plan's overage rate on the next invoice.
• SMS credits and packs are consumed per segment as reported by the API. Credits for messages that permanently fail to leave our platform are refunded automatically; messages accepted by a network are billable whether or not the handset receives them.
• Purchased credit packs do not expire while the account is active. Unused monthly allowances do not roll over.
• Payments are processed by Paystack. We do not store card numbers. Failed payments may lead to suspension after at least two reminders. Disputed charges must be raised within 30 days of the invoice date.
• Overdue amounts bear interest at the prime lending rate of Sendbaze's bank plus 2% per year from the due date until paid.
• We may change prices with at least 30 days' notice by email; changes apply from your next billing cycle. If you do not accept a price change you may cancel before it takes effect.

6. Service levels and support

We aim for high availability and publish current status at www.sendbaze.com/status. Uptime commitments and service credits apply only where a written Service Level Agreement is included in your plan.

Support is provided by email and, on eligible plans, by other channels described on the Pricing page, during South African business hours unless otherwise agreed.

Delivery of email and SMS depends on mailbox providers, mobile networks and recipient devices outside our control. We do not warrant that any particular message will be delivered or delivered within a particular time.

7. Suspension and termination

• You may cancel at any time from the dashboard or by email. Cancellation takes effect at the end of the current billing period. Fees already paid are not refunded except as required by law, including your CPA cooling-off rights where they apply.
• We may suspend sending, with notice where practical, if your complaint rate exceeds 0.1% or your hard-bounce rate exceeds 5% over 24 hours, if we reasonably suspect fraud, abuse or a breach of the Acceptable Use Policy, if required by a mobile network, WASPA, a mailbox provider or a court, or if an invoice remains unpaid after reminders.
• Either party may terminate the Agreement on 30 days' written notice. Either party may terminate immediately if the other commits a material breach that is not remedied within 7 days of written notice, or becomes insolvent, is placed under business rescue or is liquidated.
• On termination you may export Customer Content from the dashboard for 30 days. After that we delete Customer Content within 30 days, and from backups within a further 30 days, except records we must keep for legal, tax or dispute purposes.
• Sections 4, 5 (for amounts owing), 8, 9, 10 and 11 survive termination.

8. Warranties and limitation of liability

Except as expressly stated in the Agreement, the Service is provided "as is" and we disclaim all other warranties to the extent the law allows.

To the extent permitted by law, our total liability arising out of or relating to the Agreement in any 12-month period is limited to the fees you paid us in that period. Neither party is liable for indirect, consequential or special damages, or for loss of profit, business, goodwill or data, however arising.

Nothing in the Agreement limits or excludes liability for fraud, wilful misconduct or gross negligence, or any liability that cannot be excluded under South African law, including under the CPA where it applies to you.

9. Indemnities

You indemnify Sendbaze against claims, fines, penalties and reasonable costs arising from Customer Content, from messages sent without a lawful basis or in breach of POPIA, ECTA, the WASPA Code or the Acceptable Use Policy, or from your breach of the Agreement.

Sendbaze indemnifies you against third-party claims that the Service itself, used in accordance with the Agreement, infringes South African intellectual property rights, and against losses caused by our gross negligence or wilful misconduct.

The indemnified party must notify the other promptly, give it control of the defence, and assist reasonably.

10. Consumers and the CPA

Most customers are businesses and the CPA does not apply to them. If you are a natural person or a juristic person with an asset value or annual turnover below the CPA threshold, the CPA applies and nothing in these Terms limits any right you have under it. In that case you may cancel a fixed-term agreement on 20 business days' notice, subject to a reasonable cancellation charge, and you may cancel within the cooling-off period in section 44 of ECTA.

11. Confidentiality, interception and monitoring

Each party keeps the other's non-public information confidential and uses it only for the Agreement. Sendbaze staff access Customer Content only to provide support you request, to investigate abuse or incidents, or as required by law, and that access is logged.

You acknowledge, as permitted by RICA, that we process and may monitor message metadata and, where necessary to investigate abuse or a security incident, message content, in order to operate and protect the Service.

12. Changes to the Service and these Terms

We improve the Service continuously and may add, change or retire features. We give reasonable notice of changes that materially reduce functionality you rely on.

We may update these Terms with at least 14 days' notice by email to the Organisation owner and by a notice in the dashboard. Continued use after the effective date is acceptance. Each version carries its version number and effective date at the top of the page and previous versions are available on request.

13. Disputes and governing law

• The Agreement is governed by the laws of the Republic of South Africa.
• Before starting proceedings, the parties will try in good faith to resolve any dispute through discussion between their senior representatives within 14 days of one party's written notice of the dispute.
• If the dispute is not resolved, the parties consent to the jurisdiction of the High Court of South Africa, Gauteng Division, Pretoria, or, at the claimant's election for smaller claims, a Magistrates' Court with jurisdiction. Either party may seek urgent interim relief from any competent court.
• Consumers under the CPA may also approach the Consumer Goods and Services Ombud or the National Consumer Commission.

14. General

• Sendbaze chooses Tygerpoort, Monroe Close, Shere, Silver Lakes, Pretoria, Gauteng, 0084, South Africa as its address for legal notices (domicilium citandi et executandi). You choose the physical and email addresses on your account. Either party may change its addresses on 7 days' written notice.
• Routine notices may be given by email: to us at legal@sendbaze.com, to you at the owner email on your account. Email notices are deemed received on the next business day.
• Neither party is liable for delay caused by events beyond its reasonable control, including power failures beyond published load-shedding schedules, network outages, or actions of mobile operators, mailbox providers or regulators.
• You may not assign or cede the Agreement without our written consent. We may assign it to a successor of the business on notice.
• The Agreement is the whole agreement between us on its subject matter. No waiver is effective unless in writing. If any provision is unenforceable, it is severed and the rest remain in force.
• This Agreement is concluded electronically and is valid under ECTA. The company details required by section 43 of ECTA are on our About page.