Terms of Service | SendAxion

1. About these Terms

These Terms of Service ("Terms") are a legal agreement between you and Walexbiz Group Ltd ("SendAxion", "we", "us" or "our"), a company based in Abuja, Federal Capital Territory, Nigeria. They govern your access to and use of SendAxion, including the website at sendaxion.com, the dashboard and API at dashboard.sendaxion.com, SMTP submission, and all related features and support (together, the "Services").

By creating an account, confirming that you agree when you sign up or sign in, or using the Services, you accept these Terms. If you use the Services on behalf of an organization, you accept these Terms for that organization and confirm that you have authority to do so; "you" then means that organization.

These Terms include our Acceptable Use Policy ("AUP") and our Data Processing Addendum ("DPA"). Our Privacy Policy explains how we handle personal data as a controller, and our Cookie Policy explains the cookies and browser storage we use.

SendAxion is a service for businesses, developers and other organizations. You must be at least 18 years old to use it.

2. Definitions

Account: The SendAxion workspace you create, including its settings, Users and any subaccounts.
Customer Content: All data that you or your Users submit to, store in or send through the Services, including contacts and lists, recipient addresses, message content, templates and attachments, and the delivery, engagement and tracking data generated from your email.
Documentation: The guides and reference material we publish for the Services, including at sendaxion.com/developers.
Plan: The free or paid subscription you choose, including its sending volume and features, and any add-ons such as dedicated IP addresses.
Recipients: The people to whom email is sent through your Account.
Users: The people you allow to access your Account, including team members and anyone who uses your API keys or SMTP credentials.

3. Your account

You must give accurate and complete information when you sign up, including your name, email address and phone number, and keep it up to date. We may ask you to confirm your email address, and to verify your identity, your organization or your control of a domain, before you can send email or raise your sending limits.
You are responsible for all activity in your Account, including activity by your Users and by anyone using your API keys or SMTP credentials. Keep your password, API keys and SMTP credentials confidential, give each User only the access they need, and turn on two-factor authentication.
Tell us immediately at support@sendaxion.com if you suspect that someone has accessed your Account without permission.
If you create subaccounts, including for your own clients, you are responsible for each subaccount and for making sure it is used in line with these Terms and the AUP.

4. Using the Services

Subject to these Terms and your Plan, we grant you a limited, non-exclusive, non-transferable right to access and use the Services while your Account is open. You may use the Services for your own business purposes, which can include sending email for your clients when you manage their sending in line with these Terms and the AUP.

You must not:

use the Services in breach of the AUP or any law;
copy, modify or create derivative works of the Services, or reverse engineer, decompile or try to extract their source code, except where the law allows this despite this restriction;
resell, sublicense or provide the Services to others, except as allowed above;
bypass or try to bypass sending limits, suppressions, security controls or restrictions placed on your Account;
interfere with or disrupt the Services, other customers or our infrastructure, including by probing, scanning or load-testing the Services without our written permission; or
access the website or dashboard by automated means other than our published API, or use the Services to build a competing product.

Changes to the Services. We continually develop the Services and may add, change or remove features. If a change materially reduces the core functionality of a paid Plan you are subscribed to, we will give you reasonable advance notice where we can, and you may cancel your Plan before the change takes effect.

Beta features. Features we label as beta, preview or similar are provided "as is". They may change or be withdrawn at any time, and the commitments in these Terms do not apply to them.

5. Sending email, limits and deliverability

You are the sender. You are responsible for the email you send through the Services, including its content, who receives it, and your compliance with anti-spam, privacy and consumer protection laws such as CAN-SPAM, CASL, the GDPR and ePrivacy rules, the UK GDPR and PECR, and the Nigeria Data Protection Act 2023.
Permission and authentication. You may send only to Recipients who have agreed to receive your email or to whom the law otherwise allows you to send it, and only from domains you own or control and have verified in SendAxion with SPF, DKIM and DMARC, as described in the AUP.
Limits. Your Plan sets your sending volume. Free plans are limited to 100 emails a day. Self-service Plans cover up to 1,000,000 emails a month; higher volumes are available only by agreement with us. We may also set or change rate limits and other limits to protect the Services.
Monitoring. We monitor sending activity, including bounce and complaint rates, rejections by mailbox providers, blocklist listings and message characteristics, to detect abuse and protect deliverability for all customers. We may delay, throttle, hold or refuse to send any message, and pause sending from your Account, where we reasonably believe this is necessary for those purposes.
No delivery guarantee. Whether a message reaches a Recipient’s inbox depends on receiving mail systems that we do not control. We do not guarantee that any email will be delivered, delivered by a particular time, or placed in the inbox.
Suppressions. The Services suppress Recipients automatically after hard bounces and spam complaints, and honor unsubscribes. You must not try to reach suppressed Recipients by other means.
Dedicated IP addresses. If your Plan or an add-on includes a dedicated IP address, we assign it to your Account while that Plan or add-on is active. IP addresses remain ours: you cannot transfer them, we may replace them where needed to operate the Services, and we may reassign them after your Plan or add-on ends. A new dedicated IP must be warmed up: daily sending through it starts low and increases gradually over several weeks, and you must follow our warm-up schedule.

6. Plans, fees and payment

Plans and prices. Our current Plans and prices are shown on our pricing page and in the dashboard. Free plans cost nothing within their limits. Prices for more than 1,000,000 emails a month are agreed with our sales team.
Billing currency. Paid Plans are billed in US dollars. Prices shown in other currencies are a guide only, and your bank or card issuer may apply its own exchange rate and fees.
Monthly billing and automatic renewal. Paid Plans are billed in advance, one month at a time; each billing period lasts 30 days. When you pay by card through Flutterwave, your card is saved and your Plan renews automatically at the start of each billing period until you stop the renewal. By subscribing, you authorize us to charge your saved card for each renewal. Payments made through Paystack cover one month only and do not renew automatically.
Changing Plans and stopping renewal. Owners and admins can change your Plan at any time in Settings → Account → Plan and add-ons; changes take effect as shown in the dashboard when you confirm them. To stop automatic renewal, remove your saved card in Settings → Account → Billing. Your paid Plan then stays active until the end of the period you have paid for, after which your Account moves to the free plan.
Failed payments. If a renewal payment fails, we will tell you and may retry the charge. If we still cannot collect payment after a short grace period, your paid Plan ends and your Account moves to the free plan.
Price changes. Your Plan renews at the price you subscribed at until you change Plans. If we need to change the price of an existing subscription, we will give you reasonable advance notice by email or in the dashboard, and you can change or cancel your Plan before the new price applies.
Taxes. Prices do not include taxes unless we say so. You are responsible for any taxes, duties or levies that apply to your purchases, other than taxes on our income.
Refunds. Except where the law requires or these Terms say otherwise, fees are non-refundable, including for partial billing periods and unused sending volume.
Billing questions and chargebacks. If you think you have been charged incorrectly, contact support@sendaxion.com within 60 days of the charge so we can look into it. If you dispute a charge with your bank or card issuer instead, we may suspend your Account while the dispute is resolved.

7. Your content and data

Ownership. As between you and us, you own Customer Content. You grant us a worldwide, non-exclusive, royalty-free license to host, copy, process, transmit and display Customer Content as needed to provide, secure and support the Services, prevent abuse and comply with the law.
Your responsibilities. You are responsible for Customer Content and for having all the rights, notices and consents needed for us to process it, including Recipients’ permission to receive your email and any consent the law requires for open and click tracking.
Data protection. Our Data Processing Addendum applies when we process personal data in Customer Content on your behalf, and forms part of these Terms.
Export and closure. Owners and admins can request an export of your workspace data, or the closure of your workspace, in Settings → Account → Data & privacy.
Aggregated data. We may create and use aggregated or de-identified data that does not identify you, your Users, your Recipients or any other individual, to operate, secure and improve the Services.
Feedback. If you send us ideas or suggestions about the Services, we may use them without restriction or obligation to you.

8. Third-party services

The Services work with services provided by others, such as Google and GitHub sign-in, Cloudflare, payment processors and the mail systems that receive your email. Your use of those services is governed by their own terms, and we are not responsible for them. When you connect a third-party service, you authorize us to access and use it as needed for the features you turn on; for example, when you connect Cloudflare, we publish and check the DNS records SendAxion needs on the domains you choose.

9. Our intellectual property

We and our licensors own all rights in the Services, the Documentation, the SendAxion name and logo, and all related software, designs and content. Apart from the limited rights set out in these Terms, we grant you no rights in them. You may not use our trademarks without our prior written permission, except to refer accurately to the Services.

10. Confidentiality

Each party may receive non-public information from the other that is marked as confidential or that a reasonable person would understand to be confidential ("Confidential Information"). The receiving party will use it only to perform under these Terms, protect it with at least reasonable care, and share it only with people who need to know it and are bound by confidentiality obligations.

These obligations do not apply to information that becomes public through no fault of the receiving party, that it already knew or developed independently, or that it lawfully received from someone else. A party may disclose Confidential Information when the law requires it, after giving the other party notice where it is legally allowed to.

11. Suspension

We may suspend or restrict all or part of the Services, including pausing sending, locking your Account or disabling content, immediately and without prior notice if:

you breach the AUP, or we reasonably believe your Account is being used for spam, phishing, malware, fraud or other abuse;
your sending threatens the security, availability or reputation of the Services, our IP addresses or domains, or the deliverability of other customers’ email;
you do not pay fees when they are due;
the law, a court, a regulator or a law-enforcement authority requires it; or
your Account appears to have been compromised.

Where practicable, we will tell you the reason and what you need to do, and we will restore the Services once the issue is resolved. If your workspace is locked, the dashboard shows the reason and lets you request a review. Fees remain payable during a suspension caused by your breach of these Terms.

12. Term and termination

These Terms apply from the moment you first accept them until your Account is closed.
By you. You can stop using the Services at any time, stop automatic renewal as described in Plans, fees and payment, and request the closure of your workspace in Settings → Account → Data & privacy.
By us. We may terminate these Terms or close your Account (a) immediately, if you seriously or repeatedly breach the AUP or use the Services for illegal activity or fraud; (b) if you materially breach these Terms and do not fix the breach within 14 days of our notice; (c) for free plans, at any time by giving you notice; or (d) for paid Plans, for any other reason by giving you at least 30 days’ notice, in which case we will refund any fees you have prepaid for the period after termination.
What happens next. When your Account is closed, your right to use the Services ends, sending stops, and sign-in, API keys and SMTP credentials are disabled. Export any data you want to keep before you close your workspace. We handle remaining data as described in our Privacy Policy and DPA. Fees that are already due remain payable.
Survival. Provisions that by their nature should continue after termination will continue, including those on fees owed, Customer Content, confidentiality, disclaimers, limitation of liability, indemnity and governing law.

13. Warranties and disclaimers

We will provide the Services with reasonable skill and care. Except as expressly stated in these Terms, and to the fullest extent the law allows, the Services are provided "as is" and "as available", and we disclaim all other warranties, conditions and representations, whether express or implied, including warranties of merchantability, satisfactory quality, fitness for a particular purpose, title and non-infringement. We do not warrant that the Services will be uninterrupted or error-free, or that any email will be delivered or placed in the inbox.

14. Limitation of liability

To the fullest extent the law allows:

neither party is liable to the other for any indirect, incidental, special, consequential or punitive damages, or for any loss of profits, revenue, business, goodwill or data, even if it was told such losses were possible; and
each party’s total liability arising out of or relating to these Terms and the Services is limited to the fees you paid us for the Services in the 12 months before the event that gave rise to the claim, or US$100 if you paid nothing in that period.

These limits do not apply to your obligation to pay fees, to your obligations under Indemnity, to liability for fraud or wilful misconduct, or to any liability that cannot be limited or excluded by law.

15. Indemnity

You will defend and indemnify Walexbiz Group Ltd and its officers, employees and contractors against third-party claims, and the resulting damages, fines, penalties, losses and costs (including reasonable legal fees), arising from Customer Content, the email you send through the Services, your breach of these Terms or the AUP, or your violation of any law or third-party right.

We will tell you promptly about any such claim, let you control its defense, and give you reasonable help at your expense. You may not settle a claim in a way that imposes obligations on us without our written consent.

16. Changes to these Terms

We may update these Terms from time to time. We will post the updated Terms on this page and change the date at the top. If a change is material, we will give you at least 30 days’ notice by email or in the dashboard before it takes effect, unless the change is required by law or relates only to new features, in which case it may take effect sooner.

If you do not agree to the updated Terms, you may stop using the Services and close your Account before they take effect. If you continue to use the Services after that, you accept the updated Terms.

17. Governing law and disputes

These Terms, and any dispute arising out of or relating to them or the Services, are governed by the laws of the Federal Republic of Nigeria. The courts of the Federal Capital Territory, Abuja have exclusive jurisdiction.

This does not take away the protection of mandatory consumer protection or data protection laws of the country where you live, or any right those laws give you to bring proceedings there.

Before starting court proceedings, each party will first try to resolve the dispute by writing to the other (to us at legal@sendaxion.com) and negotiating in good faith for at least 30 days. Either party may seek urgent injunctive or other interim relief at any time.

18. General

Entire agreement. These Terms, together with the AUP, the DPA and any order form or written agreement we sign with you, are the entire agreement between us about the Services. If a signed agreement conflicts with these Terms, the signed agreement prevails.
Assignment. You may not assign or transfer these Terms without our prior written consent. We may assign them to an affiliate, or in connection with a merger, acquisition or sale of all or part of our business.
Events beyond our control. Neither party is liable for delay or failure caused by events beyond its reasonable control, such as natural disasters, war, terrorism, civil unrest, industrial action, government action, or failures of power, internet or telecommunications networks or of third-party mail systems. This does not excuse payment obligations.
Notices. We send notices to the email address on your Account or show them in the dashboard. Send legal notices to us at legal@sendaxion.com.
Severability and waiver. If any provision of these Terms is found unenforceable, the rest remains in effect. Not enforcing a provision is not a waiver of it.
Relationship. The parties are independent contractors. Nothing in these Terms creates a partnership, agency or employment relationship, and no third party has rights under these Terms.
Sanctions and export controls. You confirm that you are not subject to sanctions that would prohibit us from providing the Services to you, and that you will not use the Services in breach of applicable sanctions or export control laws.
Language. These Terms are written in English. If we provide a translation, the English version prevails.

19. Contact

Walexbiz Group Ltd, Abuja, Federal Capital Territory, Nigeria.

Privacy and data-protection requests: privacy@sendaxion.com
Support: support@sendaxion.com or our help desk
Abuse reports: abuse@sendaxion.com
Legal notices: legal@sendaxion.com