Terms and Conditions

Update date: 2026.03.12

1. Definitions

1.1 These Terms and Conditions governing the use of the Sendmachine.com website and Sendmachine services are entered into between you ("you", "your") and SENDMACHINE S.R.L. (hereinafter referred to as Sendmachine) and represent the most recent version of the T&C (Terms and Conditions). The use of Sendmachine services, including the transmission, analysis and management of email and SMS messages through the website available at www.sendmachine.com , is subject to these Terms and Conditions and to all documents incorporated herein by reference.

1.2 Sendmachine reserves the right to modify, amend, remove or add provisions to these Terms and Conditions, including, but not limited to, operational and usage policies. Sendmachine may exercise this right at any time without prior notice. Your continued use of the services following any such changes shall constitute your acceptance of the updated Terms and Conditions. It is your responsibility to periodically review these Terms for any updates or modifications and to ensure that the contact information you have provided remains accurate and up to date.

1.3 By completing the registration form and clicking the "ACCEPT" button, you confirm and agree that:

  • you are a natural person or a legal entity and, if acting as an individual, you are at least 18 years of age;
  • you agree to provide accurate, complete and truthful information in the registration form, including information related to your bank account and any other details required for billing and payment purposes, and you undertake to keep such information accurate and up to date at all times;
  • you have read and agree to comply with the Anti Spam Policy.

If you do not agree with these Terms, you should not complete the registration form.

2. Description of the Service

These Terms and Conditions governing the use of the Sendmachine.com website and Sendmachine services constitute an agreement between you (“you”, “your”) and SENDMACHINE S.R.L. (hereinafter referred to as Sendmachine) and represent the most current version of these Terms and Conditions (“T&C”). The use of Sendmachine services, including the sending, analysis and management of email and SMS messages through the website available at www.sendmachine.com, is subject to these Terms and Conditions and to all documents incorporated herein by reference.

3. Billing

3.1 Manual Billing
The Client may order service packages at any time in accordance with the offers available on the Sendmachine website. Payment shall be made in RON, calculated at the exchange rate published by the National Bank of Romania (NBR) on the date the proforma invoice is issued. All valid payments are non-refundable, including in cases where the Client chooses to discontinue the services before the end of the applicable period or where the services are suspended by Sendmachine due to a breach of these Terms and Conditions.

3.2 Recurring Billing
Sendmachine will periodically issue proforma invoices, based on which the Client must pay the service fees in advance. The billing frequency is monthly. Payments shall be made in RON, calculated at the exchange rate published by the National Bank of Romania (NBR) on the date the proforma invoice is issued. All valid payments are non-refundable, including in cases where the Client terminates the services early or where the services are suspended by Sendmachine for failure to comply with these Terms and Conditions.

3.3 Contract-Based Billing (Postpay)
For Clients operating under a signed service agreement, Sendmachine will issue a tax invoice at the beginning of each month for the services provided during the previous month, in accordance with the terms of the contract. Payments shall be made in RON, calculated at the exchange rate published by the National Bank of Romania (NBR) on the invoice issue date.

3.4 Pricing
All prices listed for service packages, including specially negotiated packages, do not include VAT, unless otherwise stated.

3.5 Price Changes
The price of each service is determined in accordance with the rates displayed on the website www.sendmachine.ro at the time the order is placed. The Provider reserves the right to modify its service prices at any time without prior notice. Any price changes shall not apply retroactively.

4. Term and Termination of Services

4.1 Term
The term of these Terms and Conditions begins on the date you register for the service or first use the Service and shall remain in effect for the period selected by you during the registration process (the “Initial Term”). If you wish to discontinue the Service provided by Sendmachine, you must notify Sendmachine accordingly.

4.2 Termination by the User
You may terminate the Service at any time. If you terminate the Service before the end of the Initial Term, your access to the Service will be immediately suspended, and any fees already paid for the Service are non-refundable.

4.3 Termination by Sendmachine
Sendmachine may terminate the provision of the Service at any time without prior notice. Sendmachine also reserves the right to immediately suspend or terminate the Service, block access to your account or password, remove services from Sendmachine servers, or delete any stored content if:

  • you fail to comply with these Terms and Conditions or the Anti Spam Policy;
  • you violate or fail to properly comply with these Terms or any other Sendmachine policy, or violate applicable Romanian law;
  • you provide false or misleading information during registration;
  • you fail to respond to communications sent to the email address provided during registration;
  • you engage in illegal, fraudulent, or unlawful activities, including the sale of products or services that violate applicable laws, or you engage in activities that may harm the rights or reputation of Sendmachine or any third party.

Any suspension of the Service by Sendmachine shall take effect immediately.

4.4 Suspension at the Request of Authorities If a competent governmental authority provides reasonable grounds indicating that the Service or its use may violate applicable laws or public order, Sendmachine reserves the right to suspend the Service without incurring further obligations.

4.5 Deletion of Content
Sendmachine reserves the right, upon termination or discontinuation of the Service, to permanently delete from its servers all or part of the information or content generated or stored by you through the System, including but not limited to contact lists, email lists, phone number lists, files, email messages, SMS messages, and campaigns. Sendmachine shall not be liable to the user for any consequences arising from such deletion of content.

5. Account Ownership and Security

In order to access your Service account, you must create and maintain a password, and you agree to keep such password confidential at all times. You are responsible for maintaining the security of your account and are fully responsible for all activities that occur under your account. You agree to promptly notify Sendmachine of any unauthorized access, use of your account, or any other breach of security. Sendmachine shall not be liable for any loss or damage resulting from your failure to safeguard your account credentials or to take appropriate measures to protect your account. You acknowledge and agree that, under no circumstances, shall Sendmachine be held liable in any manner for your actions or omissions in connection with the use of the Service.

6. Description of the Service

The Service provided by the Provider consists of offering the technical infrastructure necessary for sending messages through the Sendmachine platform, including email messages (newsletters) and SMS messages, as well as access to features for contact list management and delivery statistics related to sent messages.

Welcome Package Description (SMS)

The Welcome package is a free package offered to new users for the purpose of testing the SMS sending service. This package includes 5 free SMS messages, which may be used to test the functionality of the Sendmachine platform. The SMS messages included in the Welcome package may be used for service testing purposes, including transactional messages or SMS campaigns, within the limits of the credit provided. Sendmachine reserves the right to modify, limit, or withdraw this promotional package at any time without prior notice.

Free Package Description (Email)

The Free package is available for a period of 6 months from the date of account activation for all new users. For existing customers who were already using the Free package prior to this change, the Free package will remain available until October 2024. After the expiration of the free period, this package will remain available at a low annual fee of €10 + VAT per year.

The Free package includes the following features:

  • 15,000 emails per month
  • 500 emails per day sending limit
  • 5 contact lists
  • Up to 500 subscribers per list
  • 2 additional custom fields
  • Open and click statistics
  • Mandatory display of the Sendmachine logo in the footer of all sent campaigns

7. Privacy and Usage Rules

7.1 Sendmachine Policies
By using the Service, you acknowledge that you have accessed, read, and understood these Terms and Conditions as well as the Sendmachine Anti Spam Policy. This Policy sets out restrictions on your online activities, including prohibitions against sending unsolicited commercial email. Sendmachine reserves the right to amend this Policy, with notice provided either directly or by posting the updated Policy on the Sendmachine website.

Prohibited Uses:
You may not send or resend content via the Service that Sendmachine considers:

  • In violation of any local or foreign law or regulation;
  • Threatening, obscene, indecent, defamatory, or likely to harm any individual, group, or entity, infringing the rights of any person, including copyright, trade secrets, patents, or other intellectual property rights, including the installation or distribution of unlicensed software or pirated products.

You agree not to:

  • Send or make available content that is illegal;
  • Assume the identity of another person or entity;
  • Forge headers or manipulate identifiers to disguise the origin of content sent through the Service;
  • Upload, post, or send content you do not have the right to share under law or contractual obligations (e.g., confidential or proprietary information learned as part of employment or NDA agreements);
  • Publish or send content that infringes patents, trademarks, trade secrets, copyrights, privacy rights, or other proprietary rights of any party;
  • Send unsolicited commercial emails (“spam”) or engage in unfair marketing practices, deceptive advertising, or related activities;
  • Distribute material containing viruses or other harmful code, files, or programs intended to disrupt, destroy, or limit the functionality of any software, hardware, or communication equipment.

7.2 Message Sending Policies

These policies apply to all communications generated or sent through Sendmachine services, including email and SMS messages, via the website www.sendmachine.com. By generating or sending messages through the Sendmachine Service, you agree to comply with Sendmachine’s usage policies, including rules on electronic communications and the Anti Spam Policy. Sendmachine may suspend or restrict your access to the Service if these policies are violated.

7.3 Credit Validity

Credits or the number of emails included in each email marketing package are valid for 1 month from the activation date. Unused credits within this period do not carry over to the following month.

For the SMS sending service, the credit purchased may be used within 12 months from the date of purchase. Any unused SMS credit after this period will expire and cannot be refunded.

7.4 Account Validity

If there is no account activity for more than one year from the registration date, the account may become inactive, which may result in the deletion of certain stored data from the server (including campaigns, lists, templates, and statistics).

8. Support

Sendmachine reserves the right to set limits or modify the scope of support provided for the Service, as well as the hours during which support is available.

9. Service Modifications

Sendmachine reserves the right to modify or to temporarily or permanently suspend the Service (or any part thereof) at any time, with or without notice. You agree that Sendmachine shall not be liable to you or any third party for any modifications, suspensions, or interruptions of the Serv

10. Disclaimer of Liability

You understand and agree that:

Sendmachine provides the Service “as is” and “as available”, without any warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose.

While Sendmachine makes reasonable efforts to maintain and ensure the proper functioning of the Service, it shall not be liable for any damage, loss of data, loss of customer or vendor information, loss of revenue, or any other business-related losses resulting from delays, misdelivery, or failure to deliver information, service interruptions, access restrictions, system errors, bugs, or unauthorized use arising from the sharing of account access credentials, or any other interactions with the Service. You are solely responsible for maintaining and securing backups of your data and any information stored or processed through the Service.

11. Limitation of Liability

You understand and agree that, to the fullest extent permitted by applicable law, Sendmachine shall not be liable for any indirect, incidental, special, or consequential damages, including but not limited to loss of data, loss of customer information, loss of business revenue, or other financial losses, arising out of or in connection with delays in payment, failure or inability to transmit user data, service interruptions, access restrictions, unauthorized access, system errors, bugs, or any other defects related to the use of the Service.

12. Refund Policy

12.1 Right and Eligibility for Refund
The Client has the right to request a refund for amounts paid for Sendmachine services within 30 days from the date of purchase, only if the purchased services have not been used in any way.

Refunds are granted exclusively for services that have not been used, activated, or configured by the Client in any manner. This refund policy applies only to services purchased on a Prepay (advance payment) basis and does not apply to services billed under a Postpay model.

If the services have been used, even partially (including but not limited to sending emails, SMS messages, or using any platform functionality), no refund shall be granted.

Refunds may also be issued in the event of an accidental duplicate payment for the same service. To qualify, the Client must notify Sendmachine within a maximum of 5 days from the date of the duplicate payment.

The refund request must include relevant details regarding the reason for the request, transaction information, account details, and proof of duplicate payment. In such cases, Sendmachine will review the request and respond within 5 business days.

12.2 Refund Processing
If the refund request is approved, Sendmachine will process the refund within a maximum of 15 business days from the date of receipt and verification of the request. The refund will be issued to the Client’s bank account.

12.3 Exclusions
Refunds are not available if the Client has breached the Sendmachine Terms and Conditions or has used the platform in an abusive manner. Abusive use includes, without limitation, improper use of the services, sending unsolicited communications, or using purchased contact lists.

Refunds are also not available if the services have been activated, configured, or used, in whole or in part.

No refunds will be granted for customized services or special promotional offers. Sendmachine reserves the right to modify this Refund Policy at any time. For further questions or assistance, you may contact us at: support@sendmachine.com.

13. Clauze finale

Acesti TC constituie un acord intre Sendmachine si dvs. si guverneaza utilizarea serviciilor. Titlurile sectiunilor in acesti termeni sunt numai pentru convenienta si nu au nici un efect legal sau contractual.

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