1. Eligibility and authority
You must be at least 18 years old and able to form a binding contract. If you use the Service for an organization, you represent that you have authority to bind it, and "you" includes that organization. You may not use the Service if applicable law prohibits you from doing so.
2. Accounts and business verification
You must provide accurate, current, and complete information and keep it updated. You are responsible for account credentials, API keys, users you authorize, and activity under your account. We may require identity, business, payment, campaign, or beneficial-owner information to complete KYC, fraud-prevention, carrier, or A2P reviews. We may decline, suspend, or limit an account when information cannot be verified, appears misleading, or presents legal, security, payment, carrier, or abuse risk.
3. The Service
The Service provides tools for managing audiences and sending or analyzing text-message and email communications, through the dashboard or the API.
The Service is fully managed. Sndiq provides the phone numbers and carrier connections used to send your messages, and submits the A2P 10DLC brand and campaign registrations and toll-free verifications those numbers require, using the information you provide. You do not need, and may not connect, your own carrier account. Numbers we provide are made available for your use with the Service through our carrier relationships. Registration outcomes are decided by carriers and registries, not by Sndiq.
Delivery depends on recipients, networks, carriers, registries, and third-party providers outside our control. Registration approval, throughput, delivery, inbox placement, response rate, and campaign performance are not guaranteed. We may modify the Service, impose reasonable limits, or discontinue features, and will provide notice when reasonably practicable.
4. Agencies and client workspaces
If you are an agency that manages workspaces for your clients, you are responsible for each client workspace you create or manage as if it were your own account. You represent that you are authorized to act for each client, that the business information you submit for a client's registration is that client's own and accurate, and that each client's messaging complies with these Terms. Each client's messages must be sent under that client's own registration. We may contact, suspend, or limit a client workspace directly when needed to address a compliance, security, or payment issue.
5. Your content and instructions
You retain ownership of content and data you submit. You grant us and our service providers a non-exclusive, worldwide license to host, copy, process, transmit, display, and otherwise use that content only as needed to provide, secure, support, and improve the Service; comply with your instructions; and meet legal obligations. You represent that you have all rights, notices, consents, and lawful bases needed for us to process the content as instructed.
6. Messaging compliance
You, not Sndiq, are the sender and initiator of the messages you direct the Service to transmit, and you are responsible for the content, recipients, timing, and legal basis of every message. You must comply with the Telephone Consumer Protection Act (TCPA), the Telemarketing Sales Rule, the CAN-SPAM Act, state privacy and telemarketing laws, carrier rules, CTIA guidance, A2P 10DLC and toll-free requirements, and all other applicable laws and industry standards.
Without limiting those duties, you must obtain and document any required consent before messaging; honor revocation and do-not-contact requests; use accurate sender identification; include required disclosures and opt-out instructions; observe applicable quiet hours; maintain campaign-specific consent records; and ensure your privacy policy, terms, and opt-in flow accurately describe the program. Our compliance tools assist with these obligations but do not transfer your responsibility to us. See our TCPA Compliance Policy.
7. API use
The API gives programmatic access to the same Service and is subject to these Terms. Keep API keys confidential and rotate them if you suspect exposure; requests made with your keys are treated as yours. You must respect documented rate and usage limits, and messages sent through the API are subject to the same consent, content, and suppression rules as messages sent from the dashboard.
8. Prohibited use
You may not use the Service to:
- send messages without legally sufficient consent or to purchased, rented, scraped, harvested, or otherwise unlawfully obtained lists;
- send fraud, phishing, scams, unlawful content, deceptive claims, malware, harassment, threats, hate, or content that violates another person's rights;
- promote content prohibited by law, carriers, or our providers, or conceal the identity of a sender or the purpose of a campaign;
- ignore an opt-out, evade a suppression list, rotate senders to defeat blocking, engage in snowshoeing, or attempt to bypass compliance, security, billing, rate, or usage controls;
- probe, disrupt, reverse engineer, or gain unauthorized access to the Service or another account; or
- resell or sublicense the Service, except as an agency managing client workspaces as the Service permits or under a separate written agreement with us.
9. Fees, credits, and taxes
You agree to pay all fees, usage charges, carrier or registration charges, and applicable taxes shown at checkout or in your account. Charges may be usage-based and may vary by destination, message segment, carrier, or provider. Unless required by law or expressly stated otherwise, fees and used or promotional credits are non-refundable. You authorize us and our payment processor to charge your selected payment method, including for automatic balance replenishment you enable. You must promptly update invalid payment information. We may suspend paid features for overdue amounts.
10. Third-party services
The Service may connect to third-party services, carriers, registries, payment processors, or websites. Their terms and privacy practices govern your use of their services. We are not responsible for third-party services, and a third party's change or outage may affect the Service.
11. Intellectual property
We and our licensors own the Service, software, documentation, branding, and related intellectual property. Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable right to use the Service during your subscription for internal business purposes and, for agencies, to manage client workspaces. Feedback you voluntarily provide may be used without restriction or compensation, but we will not identify you as its source without permission.
12. Suspension and termination
You may stop using the Service at any time and may request account closure through support. We may suspend, limit, or terminate access when reasonably necessary to prevent harm; investigate suspected fraud, abuse, security issues, or legal violations; comply with law or a carrier or provider request; address nonpayment; or enforce these Terms. Where appropriate, we will give notice and an opportunity to cure. Provisions that by their nature should survive termination will survive, including payment, ownership, disclaimers, liability limits, and indemnity.
13. Disclaimers
To the fullest extent permitted by law, the Service is provided "as is" and "as available." We disclaim all implied warranties, including merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant that the Service will be uninterrupted, error-free, or secure, or that any registration or message will be approved, delivered, read, or produce a particular result. The Service and its compliance features are not legal advice.
14. Limitation of liability
To the fullest extent permitted by law, neither Sndiq nor its affiliates, personnel, licensors, or service providers will be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, revenue, goodwill, data, or business interruption, arising from the Service, even if advised of the possibility. Our total aggregate liability arising out of or relating to the Service will not exceed the amount you paid us for the Service during the three months before the event giving rise to the claim. Some jurisdictions do not allow certain limitations, so they may not apply to you.
15. Indemnification
To the fullest extent permitted by law, you will defend, indemnify, and hold harmless Sndiq, its affiliates, personnel, licensors, and service providers from claims, losses, penalties, carrier fines, costs, and expenses (including reasonable attorneys' fees) arising from your content, campaigns, recipients, client workspaces you manage, violation of these Terms or law, or infringement of another person's rights.
16. Governing law and disputes
These Terms are governed by the laws of the State of Colorado, without regard to conflict-of-law rules. The state and federal courts located in Colorado will have exclusive jurisdiction over disputes arising from these Terms or the Service, and each party consents to those courts. Before filing a claim, you agree to contact us and attempt in good faith to resolve the dispute informally for at least 30 days. Nothing in this section prevents either party from seeking emergency injunctive relief.
17. Changes and general terms
We may update these Terms by posting a revised version and updating the effective date. Material changes may also be announced through the Service or by email. Continued use after changes take effect constitutes acceptance. You may not assign these Terms without our written consent; we may assign them in connection with a reorganization, financing, merger, or sale. If a provision is unenforceable, the remainder stays in effect. A waiver must be in writing. These Terms and any applicable order form or written addendum are the entire agreement concerning the Service and supersede prior discussions on that subject.
18. Contact
Questions about these Terms may be sent to [email protected] or mailed to Sndiq, 6312 Fiddlers Green Circle, Suite 300, Greenwood Village, CO 80111, United States.