Sendivo Terms of Service

Effective Date: December 1, 2025
Last Updated: December 1, 2025

1. Agreement to Terms

These Terms of Service (“Terms”) constitute a legally binding agreement between you (“User,” “Customer,” or “you”) and Sendivo, LLC (“Sendivo,” “Company,” “we,” “our,” or “us”). By accessing or using our website, platform, APIs, or any related services (collectively, the “Services”), you acknowledge that you have read, understood, and agree to be bound by these Terms.

If you do not agree to these Terms, you must not use our Services.

2. Eligibility

You must be at least eighteen (18) years old and capable of forming a legally binding contract to use Sendivo. By using our Services, you represent and warrant that you meet these requirements.

3. Description of Services

Sendivo provides SMS and MMS messaging services, including:

Message aggregation and delivery

API-based messaging integrations

10DLC, toll-free, and other messaging channel enablement

Campaign registration and compliance tools

Delivery reporting and message analytics

Sendivo is not a mobile carrier. We act as a service provider enabling communications between you and your recipients via partner carriers and messaging providers.

4. Account Registration

To use our Services, you must create an account and provide accurate, current information. You agree to:

(a) Maintain the security of your login credentials;
(b) Notify us immediately of any unauthorized access; and
(c) Be responsible for all usage and actions under your account.

We reserve the right to suspend or terminate accounts for prohibited or abusive activity.

5. Customer Responsibilities

You agree that you will:

Use the Services only for lawful purposes

Obtain proper consent before sending any SMS/MMS messages

Comply with the Telephone Consumer Protection Act (TCPA), CTIA guidelines, carrier rules, and all applicable federal/state laws

Maintain accurate opt-in and opt-out records

Not engage in spam, fraud, phishing, or abusive message practices

Not use the Services to send harmful, deceptive, or illegal content

Sendivo may block, filter, or suspend messaging that violates these requirements.

6. Prohibited Content and Activities

You may not use Sendivo to transmit:

Unsolicited marketing messages (“spam”)

Misleading, fraudulent, or deceptive content

Messages promoting illegal activities

Threats, harassment, hate speech, or abuse

Sensitive information (financial data, SSNs, medical data)

Adult content prohibited by carriers

High-risk content prohibited by CTIA (SHAFT categories: Sex, Hate, Alcohol (restricted), Firearms, Tobacco)

Violations may result in immediate suspension or termination.

7. Messaging Compliance Requirements

You agree to follow all applicable compliance obligations, including:

7.1 Consent

You must obtain explicit opt-in consent from recipients before messaging them.

7.2 Opt-Out Handling

Recipients must be able to opt out by replying STOP or equivalent. You must honor all opt-out requests immediately.

7.3 10DLC Registration

U.S. 10DLC messaging requires brand and campaign registration. You agree to provide accurate information and comply with carrier rules.

7.4 Carrier and Aggregator Fees

Messaging may incur carrier pass-through fees outside of Sendivo’s control. These fees may change at any time.

Sendivo is not responsible for carrier-level filtering or delivery failures.

8. Pricing, Billing, and Payment

8.1 Pricing Structure

Messaging fees are charged on a per-message basis, along with any applicable carrier surcharges. Current pricing is displayed on Sendivo’s website.

8.2 Billing and Payments

Payments are processed through Stripe. By using our Services, you authorize Stripe to charge your designated payment method for:

Messaging usage

Platform fees

Add-ons or subscription features

All fees are due immediately upon invoice.

8.3 Taxes

You are responsible for all taxes applicable to your use of the Services.

8.4 No Refunds

All payments made to Sendivo are non-refundable, including unused credits, unless otherwise required by law.

9. Service Availability

Sendivo uses third-party carriers, aggregators, and hosting providers to deliver messages. While we strive for high uptime and reliability, we do not guarantee:

Delivery speed

Delivery success

Error-free service

100% uptime

Sendivo is not liable for failures caused by carriers, networks, third-party systems, or user error.

10. Intellectual Property

All content, software, trademarks, and materials provided through Sendivo are owned by Sendivo, LLC or our licensors. You may not copy, modify, reverse engineer, or distribute any part of the Services.

11. Termination

We may suspend or terminate your account immediately if:

You violate these Terms

You engage in unlawful or abusive messaging

Your campaigns generate excessive spam complaints

Required payments fail or remain overdue

Upon termination, your access to the platform and messaging capabilities is revoked.

12. Limitation of Liability

To the maximum extent permitted by law:

Sendivo is not liable for any indirect, incidental, special, or consequential damages.

Sendivo is not liable for lost profits, lost data, or business interruption.

Sendivo’s total liability for any claim shall not exceed the amount you paid us in the 30 days prior to the claim.

Messaging is delivered through third-party carriers outside our control. We make no guarantees of delivery.

13. Disclaimer of Warranties

Sendivo provides its Services on an "AS IS" and "AS AVAILABLE" basis. We disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement.

14. Indemnification

You agree to indemnify, defend, and hold harmless Sendivo, LLC from any claims, damages, liabilities, losses, or expenses arising from:

Your use of the Services

Your violation of these Terms

Your messaging practices

Your breach of compliance obligations

15. Governing Law

These Terms are governed by the laws of the State of Wyoming, without regard to conflict of law principles. Any disputes must be resolved in state or federal courts located in Wyoming.

16. Changes to Terms

Sendivo may update these Terms from time to time. The “Last Updated” date indicates the latest revision. Continued use of the Services following changes constitutes acceptance of the updated Terms.

17. Contact Information

For questions about these Terms, please contact us:

Sendivo, LLC
1309 Coffeen Avenue, Suite 1200
Sheridan, WY 82801
Email: [email protected]

BY USING SENDIVO, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO THESE TERMS OF SERVICE.