These Terms of Service (the "Terms") are a binding agreement between you, or the entity you represent ("you" or "Customer"), and TokiSpace Inc, a company organized under the laws of the Republic of Ghana with its registered address at Mile 11, Bort Street 25, Accra, Ghana ("Sendara", "we", "us"). They govern your use of the Sendara email-sending API, dashboard, webmail application, SDKs, websites, and related services (collectively, the "Service"), reachable at sendara.dev, app.sendara.dev, api.sendara.dev, and mail.sendara.dev.
If you do not agree to these Terms, do not use the Service. If you are accepting on behalf of an organization, you represent that you have authority to bind that organization.
1. The Service
Sendara provides a programmatic platform for sending transactional and marketing email from domains you control, with authenticated delivery (DKIM, SPF, DMARC), event tracking, inbound email handling, and a hosted webmail inbox. We may add, change, or remove features over time. The Service does not include the email content you send, the recipient data you provide, or your relationships with your own recipients. Those remain your responsibility.
2. Accounts and eligibility
You must register for an account and provide accurate information to use the Service. You are responsible for safeguarding your credentials and API keys, for all activity under your account, and for promptly rotating or revoking any key you believe to be compromised. You must be at least 18 years old (or the age of majority in your jurisdiction) and not barred from using the Service under applicable law. We may suspend or refuse accounts at our discretion, including to protect deliverability for other customers.
3. Acceptable use and anti-spam
Email deliverability is a shared resource. To protect every customer on the platform, you agree that you will not use the Service to:
- send unsolicited bulk or commercial email (spam), or any message a reasonable person would consider unwanted;
- send to recipients who have not given you the consent required by applicable law, or to addresses obtained from purchased, rented, scraped, or otherwise harvested lists;
- send to addresses that have unsubscribed, bounced, or registered a spam complaint, or otherwise circumvent suppression and consent controls;
- omit a functioning unsubscribe mechanism in marketing email, or fail to honor opt-out requests promptly;
- falsify, forge, or obscure header information, the sending domain, the "From" identity, or the subject line in a misleading way;
- distribute malware, phishing, fraudulent, deceptive, or illegal content, or content that infringes the rights of others;
- send through a sending domain you are not authorized to use, or attempt to bypass domain verification;
- probe, scan, overload, reverse engineer, or interfere with the Service, its rate limits, or its security; or
- resell or sublicense the Service except as we expressly permit.
You are solely responsible for the consent status of every recipient. Consent is enforced through our consent and suppression model: marketing sends require opt-in consent recorded against the contact, and our router maintains a suppression deny-list that you must respect. You must comply with all laws applicable to your email, including the U.S. CAN-SPAM Act, the EU GDPR and UK GDPR, the California CCPA/CPRA, and any anti-spam, marketing, and data-protection laws in the jurisdictions of you and your recipients.
We may, but are not obligated to, monitor for abuse. We may throttle, suspend, or terminate sending (with or without notice) where we reasonably believe these rules are being violated or where your sending threatens platform deliverability or reputation.
4. Customer content and data
"Customer Content" means the email content, templates, recipient email addresses, contact attributes, and other data you submit to the Service. You retain all rights to your Customer Content. You grant us a limited, worldwide, non-exclusive license to host, process, and transmit Customer Content solely to provide and support the Service.
Where Customer Content includes personal data of your recipients, you act as the data controller and Sendara acts as your processor. That relationship is governed by our Data Processing Addendum, which is incorporated into these Terms by reference. Our handling of your own account data is described in our Privacy Policy.
5. Plans, fees, and billing
The Service is offered on paid subscription plans (Starter, Pro, Growth, and Scale, with monthly and annual options) plus metered overage for usage above your plan's included volume. A monthly plan includes the volume stated for each monthly billing cycle. An annual plan includes twelve times that volume as one pool for its annual billing cycle. Separate paid marketing plans cover broadcasts and set a contact limit. An account may store up to 1,000 contacts without a paid marketing plan, but that contact allowance is not a free production-sending plan.
Current pricing is published on our website and may change on a prospective basis with notice. A price identified as promotional applies only while that offer is available. We may end or change a promotion for future purchases. The Polar checkout page shows the binding price, currency, billing interval, and taxes before you purchase. A later change does not alter a term that you already paid in advance unless you agree to that change.
Billing, checkout, payment processing, and sales-tax/VAT collection are handled by Polar (Polar Software Inc.), which acts as the merchant of recordfor purchases of the Service. That means Polar (not Sendara) is the seller for your transaction, issues your invoice/receipt, and the purchase is also subject to Polar's buyer terms presented at checkout. By subscribing you authorize recurring charges to your payment method through Polar until you cancel. Subscriptions renew automatically for successive terms unless cancelled before the renewal date. Refunds and cancellations are governed by our Refund & Cancellation Policy.
Fees are exclusive of taxes except where collected by the merchant of record. Except as required by law or expressly stated in the Refund & Cancellation Policy, fees are non-refundable and metered overage already incurred is non-refundable.
Marketing-plan fair use
A paid standalone marketing plan covers broadcast sends to contacts within the plan's contact limit. The fair-use guideline for each calendar month is the contact limit multiplied by 30 recipient sends. This is equivalent to 30 broadcasts to a full list. For example, a plan for 5,000 contacts has a guideline of 150,000 broadcast recipient sends per month.
The fair-use guideline is not a metered overage charge and is not an automatic hard sending limit. Repeated or material use above the guideline may cause us to contact you and require a reduction in use, an upgrade, or a custom plan. The acceptable-use and anti-spam rules apply at every usage level, and we may act under those rules to protect the Service.
6. Intellectual property
The Service, including its software, APIs, SDKs, documentation, and branding, is owned by Sendara and its licensors and is protected by intellectual-property laws. We grant you a limited, non-exclusive, non-transferable, revocable right to use the Service during your subscription. The SDKs are additionally provided under their respective open-source license terms. You may not copy, modify, or create derivative works of the Service except as those licenses or these Terms permit. Feedback you provide may be used by us without obligation to you.
7. Third-party services
The Service relies on third-party infrastructure and subprocessors (including Amazon Web Services for delivery and hosting, Polar for billing, and Cloudflare for hosting and DNS) as described in our Privacy Policy and Data Processing Addendum. Your use of those services through Sendara is subject to this agreement; we are not responsible for third-party services you separately integrate.
8. Disclaimers
The Service is provided "as is" and "as available"without warranties of any kind, whether express, implied, or statutory, including any implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant that the Service will be uninterrupted, error-free, or secure, that any email will be delivered, accepted, or placed in any particular folder by a recipient's mail provider, or that deliverability rates will meet any specific threshold. Email delivery depends on factors outside our control, including recipient mail systems and your own sending practices.
9. Limitation of liability
To the maximum extent permitted by law, neither party will be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, data, goodwill, or business interruption, arising out of or relating to these Terms or the Service, even if advised of the possibility. Our aggregate liability arising out of or relating to these Terms or the Service will not exceed the total fees you paid to us (or to the merchant of record on our behalf) for the Service in the twelve (12) months preceding the event giving rise to the claim. Some jurisdictions do not allow certain of these limitations; in that case they apply to the greatest extent permitted.
10. Indemnification
You will defend, indemnify, and hold harmless Sendara and its officers, employees, and agents from and against any claims, damages, liabilities, and reasonable expenses (including legal fees) arising out of or related to your Customer Content, your email sending, your violation of these Terms or the acceptable-use rules, or your violation of applicable law or the rights of any third party (including your recipients).
11. Suspension and termination
You may cancel your subscription at any time as described in the Refund & Cancellation Policy. We may suspend or terminate your access, in whole or in part, if you breach these Terms or the acceptable-use rules, if your sending creates risk to the platform or its reputation, if required by law, or if your account is delinquent. Where practical and not prohibited, we will give notice. On termination, your right to use the Service ends and we will delete or return Customer Content as described in the Data Processing Addendum and Privacy Policy. Sections that by their nature should survive termination (including fees owed, IP, disclaimers, liability limits, and indemnities) will survive.
12. Changes to these Terms
We may update these Terms from time to time. If we make material changes, we will provide reasonable notice (for example by email or an in-product notice) before they take effect. Your continued use of the Service after the effective date constitutes acceptance of the updated Terms.
13. Governing law and disputes
These Terms are governed by the laws of the Republic of Ghana, without regard to its conflict-of-laws rules. The parties submit to the exclusive jurisdiction of the courts located in Accra, Ghana for any dispute not subject to an alternative dispute-resolution process, except that either party may seek injunctive relief to protect its intellectual property or confidential information in any court of competent jurisdiction. Nothing in this section limits any non-waivable consumer rights you have under the law of your place of residence.
14. General
These Terms, together with the documents incorporated by reference, constitute the entire agreement between the parties regarding the Service. If any provision is held unenforceable, the remaining provisions stay in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, or sale of assets. Notices to us should be sent to [email protected].
15. Contact
Questions about these Terms? Email [email protected] or write to TokiSpace Inc, Mile 11, Bort Street 25, Accra, Ghana.