Last Updated April 2, 2026
These Terms of Use (“Terms”) for the Sendily application for mobile devices (the “Application”) provided by Lively, along with its corporate parent and subsidiaries (collectively, “Company,” “us” or “we”) is a binding contract that governs your access to and use of the Application, our website sendily.com, or your interactions with the Company in any manner (collectively, our “Services”). Additional, separate terms that apply to your use of our Services will be considered to form part of these Terms. PLEASE READ THESE TERMS CAREFULLY. You accept these Terms in their entirety (along with all documents incorporated herein by reference) by downloading or using the Services in any manner, subscribing to the Application, or by clicking to accept these Terms where that option is made available. If you do not agree to these Terms, do not access or use our Services. If you have any questions regarding our Services or these Terms, please contact privacy@sendily.com.
THESE TERMS INCLUDE A CLASS ACTION WAIVER AND AN ARBITRATION PROVISION THAT GOVERNS ANY DISPUTES BETWEEN YOU AND THE COMPANY.
To use the Services, you must be at least 18 years old and of legal age and capacity to form a binding contract with the Company. By using the Services, you represent and warrant that you meet the foregoing eligibility requirements. You may not access or use the Services if you are barred from receiving such services under applicable law or have previously been suspended or removed from any of our Services. If you do not meet all these requirements, you must not use the Services. Some Services may not be available to all individuals.
The Application is a universal messaging client that allows you as the end user to select and connect to any third-party XMPP chat server (“Chat Server”). You are responsible for maintaining the security of your mobile device and the Application, and you are responsible for all activities that occur using the Application on your mobile device. You agree to provide true, accurate, current, and complete information about yourself and to maintain and promptly update your information as needed. You agree to notify us immediately of any breach of security related to the Services. We are not liable for any loss or damage caused by your failure to maintain the security of your mobile device, the Application or your access to a Chat Server, or your noncompliance with these Terms.
You acknowledge that you have read and understand the Sendily Privacy Policy posted to https://sendily.com/privacy.html.
As part of your use of the Services, you may receive service notifications, alerts, emails, or other communications through our online channels. You agree to the receipt of these communications to use the Services, and you will not be able to opt-out from receiving these messages. We may also send you marketing communications by email, mail, or other methods if you opt in to receive those messages. You can opt out of marketing communications by adjusting your App settings or unsubscribing from our emails.
You must have a compatible mobile device, internet access, and the necessary minimum specifications (“Software Requirements”) to use the Application on a mobile device. The Software Requirements are listed on the relevant mobile applicable store page. Application software may be upgraded from time to time to add support for new functions. The Application may request certain privacy permissions from time to time such as access to other apps and associated features on your device. You acknowledge that the terms of agreement with your respective mobile network provider will continue to apply while you use the Application. Data and messaging charges may apply to your use of the Application or any text messaging or photo sharing features you use via the Application. You accept responsibility for any such charges that arise. If you are not the bill payer for the mobile device being used to access the Application, you will be assumed to have permission from the bill payer for use of the Application.
The following terms apply when you use the Application obtained from either the Apple Store or Google Play (each an "App Distributor") to access the Services: (a) the license granted to you for our App is limited to a non-transferable license to use the application on a device that utilizes the Apple iOS or Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor’s terms of service; (b) we are responsible for providing any maintenance and support services with respect to the Application as specified in the terms and conditions of this mobile application license contained in these Legal Terms or as otherwise required under applicable law, and you acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the App; (c) in the event of any failure of the Application to conform to any applicable warranty, you may notify the applicable App Distributor, and the Application Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the Application, and to the maximum extent permitted by applicable law, the Application Distributor will have no other warranty obligation whatsoever with respect to the App; (d) you represent and warrant that (i) you are not located in a country that is subject to a US government embargo, or that has been designated by the US government as a "terrorist supporting" country and (ii) you are not listed on any US government list of prohibited or restricted parties; (e) you must comply with applicable third-party terms of agreement when using the Application, e.g., if you have a VoIP application, then you must not be in violation of their wireless data service agreement when using the App; and (f) you acknowledge and agree that the Application Distributors are third-party beneficiaries of the terms and conditions in this mobile application license contained in these Legal Terms, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions in this mobile application license contained in these Legal Terms against you as a third-party beneficiary thereof.
Unless otherwise expressly indicated, the Services and all contents thereof (including without limitation all Feedback, images, illustrations, designs, photographs, video clips, text, graphics, icons, designs, software code, written information and screens appearing in the Services, and other materials, as well as names, logos, taglines, trade dress, and other trademarks on the Services) are copyrights, trademarks, trade dress or other intellectual property owned, controlled, or licensed by the Company or its affiliates, or are the property of their respective owners. You understand that your use of the Services only permits you to use the Services as expressly authorized by these Terms. You may not use the Services or the contents thereof in any way that might confuse or that disparages the Company. Any other use of the Services including reproduction for purposes other than as noted herein, without the prior written permission of the Company, is strictly prohibited. All rights not expressly granted herein are reserved to us. Only a duly authorized officer of the Company may grant permission or a license to use the Services; any attempted grant or similar promise by anyone other than a duly authorized officer of the Company is invalid.
The Company hereby grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access, download, install, and use the Services for your own personal, non-commercial purposes, subject to these Terms. The Services are licensed to you, not sold. Nothing in these Terms is intended to, or may be construed as, conferring by implication, estoppel, or otherwise any ownership, license, or other grant of right to any copyright, trademark, or other intellectual property of the Company or any third party, except as expressly provided in these Terms.
The Services are protected by U.S. and foreign copyright, trademark, trade dress, or other proprietary right laws and international conventions. You do not have permission to copy, reproduce, make derivative works from, distribute, republish, download, display, perform, post electronically or mechanically, transmit, record, or mirror any of the Services without the prior written permission of the Company. You may only display, download, or print contents of the Services for the purpose of an internal or personal business resource.
The name Sendily and all associated logos and product names, trademarks, service marks, and trade names associated with the Company, are exclusively owned by the Company and may not be copied, imitated, or used, whether in whole, partial or modified form, without our prior written permission. You may not use any meta tags or any other hidden text utilizing a name, trademark, or product name of the Company without our prior written permission. Third-party trademarks and service marks used in the Services are the property of their respective owners, and we use them with their permission. The Company and the other licensors of the marks in our Services reserve all rights with respect to the Services and all intellectual property.
You may from time-to-time provide us with suggestions, comments, improvements, ideas or other feedback related to the Services (“Feedback”). You hereby grant the Company all rights, titles and interests in and to any Feedback you submit to us. In the event this grant is not sufficient for us to fully realize and use the Feedback, you grant the Company a royalty-free, worldwide, transferable, sub-licensable, irrevocable, perpetual license to use and incorporate into the Site or our Services any of the Feedback. By providing Feedback, you are representing that the Feedback is not subject to any intellectual property claim by a third party or any license terms which would require products or services derived from that Feedback to be licensed to or from, or shared with, any third party.
The Services may include features that enable you to post, upload, store, share, send, or display images, video, data, text, comments, and other information and content (“User Content”) to and via the Services. You represent and warrant that you own your User Content or have all rights necessary to grant us a license to use your User Content as described in these Terms. You retain all rights to your User Content that you post to the Services. By making your User Content available on or through the Services you hereby grant to the Company a non-exclusive, transferable, sublicensable, worldwide, royalty-free license to use, copy, modify, publicly display, publicly perform, reproduce, translate, create derivative works from, and distribute your User Content, in whole or in part, including your name and likeness, in any media.
You are responsible for your User Content. We rely on accurate User Content to provide and improve our Services. Any attempts to submit inaccurate User Content to the Services is strictly prohibited. You represent and warrant that your User Content, the use and provision of your User Content on the Services, and your use of the Services will not (i) infringe, misappropriate, or violate a third party’s patent, copyright, trademark, trade secret, moral rights, or other intellectual property rights, or rights of publicity or privacy; (ii) violate, or encourage any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) include any Personal Information or sensitive data in your User Content; (iv) be fraudulent, false, misleading, or deceptive; (v) be defamatory, obscene, pornographic, vulgar, or offensive; (vi) promote discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group; (vii) be violent or threatening or promote violence or actions that are threatening to any person or entity; or (viii) promote illegal or harmful activities or substances. The Company may, in our sole discretion, alter, remove, or refuse to display any of your User Content, and may forbid you from posting, uploading, storing, sharing, sending, or displaying your User Content to and via the Services.
Please do not send or provide any unsolicited data, reports, studies, ideas, works, materials, proposals, suggestions, content, or the like (collectively, “Unsolicited Submissions”) in any form to us or any of our employees or contractors. As a result of the legal and business complexities, we regret that it has become necessary for us to adopt a strict policy against accepting or considering any Unsolicited Submissions sent to us. This policy is necessary to avoid potential misunderstandings or disputes that may arise if our new products or services or marketing campaigns were to appear similar to an idea submitted by you. If, despite our request that you not send us your Unsolicited Submissions, you still submit them, then regardless of what your correspondence says, you understand and agree that the following terms will apply to your submissions: (i) your Unsolicited Submissions and their contents will automatically become the property of the Company, without any compensation to you; (ii) there is no obligation for the Company to review, consider, or otherwise use the Unsolicited Submissions; (iii) the Company may use or redistribute the Unsolicited Submissions and their contents for any purpose and in any way; and (iv) there is no obligation to keep any submissions confidential.
We take claims of copyright infringement seriously. It is our policy, in appropriate circumstances and at our discretion, to respond to notices of alleged copyright infringement in accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”). Upon receipt of a DMCA compliant notice, we will expeditiously remove or disable access to the content that is the subject of the notice. If you are a copyright owner or an authorized agent thereof, and you wish to file a notice of infringement with us, then you may contact us at privacy@sendily.com. Please include the following information with your complaint (you should speak with your legal counsel or See 17 U.S.C. § 512(c)(3) to confirm these requirements): (i) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Services are covered by a single notification, a representative list of such works at that site; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (iv) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted; (v) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
You acknowledge that if you fail to comply with all requirements of this section, your DMCA notice may not be valid. If we believe in good faith that the material infringes a copyright or otherwise violate any intellectual property rights, we will remove or disable access to the material. Before submitting a notice of claimed copyright infringement, please note that doing so can have serious legal consequences. Be sure to consider whether the “fair use” doctrine or another similar limitation of copyright rights applies in your circumstances. Please note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability. If you are unsure whether the material available online infringes your copyright, we suggest that you contact an attorney before sending us a notice.
You represent and warrant that (i) you will use the Services in compliance with applicable laws; (ii) any information you submit to us is truthful and accurate; (iii) you will maintain the accuracy of that information; (iv) you will not do anything that might jeopardize the security of your account; and (v) you will notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. Any information that you provide to us will also be subject to our Privacy Policy.
You agree to not rent, retransmit, disclose, publish, sell, assign, lease, sublicense, market or transfer the Services or any portion thereof (including our Content) or use it in any manner not expressly authorized by these Terms. You agree not to copy, reverse engineer, translate, port, modify, or make derivative works of any portion of the Services. Tampering with the Services, conducting fraudulent activities on the Services and all other illegal activities are prohibited and may subject a user to legal action and/or termination of your access to the Services. You further agree not to (i) upload any User Content or other data that contains software viruses or is designed to interrupt, destroy, or limit the functionality of any equipment or services, or that contains other harmful, disruptive, or destructive files or content; (ii) use or attempt to use another user’s account without authorization, or impersonate any person or entity; (iii) harvest, solicit, or collect information of other users for any reason whatsoever, including, without limitation, for sending unsolicited communications; (iv) post, advertise, or promote products or services commercially, or upload any content that is advertising, promotional material, junk mail, spam, or a contest or sweepstake, or that furthers or promotes criminal activity; or (v) use the Services in any manner that, in our sole discretion, is objectionable or restricts or inhibits any other person from using or enjoying the Services, or which may expose us or our users to any harm or liability of any type.
From time to time, we may, in our sole discretion, develop and provide updates to our Services, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. You agree that we have no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on your device settings, when an internet-connected device is connected to the internet, either (a) the Services will automatically download and install all available Updates; or (b) you may receive notice of or be prompted to download and install available Updates. You agree to promptly download and install all Updates and acknowledge and agree that our Services or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the Services and be subject to these Terms.
We may make versions of the Application available for testing and evaluation purposes prior to their release to the general public (“Beta Versions”). Beta Versions are subject in all respects to these Terms, except that we may discontinue the Services or your ability to use a Beta Version at any time, with or without notice and without further obligations to you. By participating in a Beta Version test, you consent to the Company accessing all data, including your Personal Information, input or collected via your use of the Services for the Company to identify bugs, discrepancies, errors, or improvements in the Application. You also understand and agree that we may contact you to learn more about your use of the Application or related activities to improve the Services. You agree to notify us of all comments or suggestions about the Services, including without limitation any problems and ideas for improvements, which come to your attention during use of the Beta Version. By permitting you to access, download, install or use a Beta Version, we do not grant any additional right to you under any copyrights, patents, trademarks, or trade secret information. We reserve the right to condition your access to and use of a Beta Version on your execution of a Nondisclosure Agreement.
The Services may include links to third-party servers, platforms, websites or services (“Third-Party Services”). We do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from Third-Party Services. You acknowledge and agree that we are not responsible for the availability of Third-Party Services.
You are strictly prohibited from violating or trying to violate our security features, such as by (i) accessing data not intended for you or logging onto a server or an account which you are not authorized to access; (ii) attempting to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures unless we expressly authorize that you do so in writing; (iii) attempting to interfere with service to any user, host, or network, such as by means of submitting a virus to the Site, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing”; or (iv) sending unsolicited email, including promotions and/or advertising of products or services forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. You hereby agree not to use any device, software, or routine to interfere, or try to interfere, with the proper working of our Services or any activity being conducted on the Services. You further agree not to use, or try to use, any engine, software, tool, agent, or other device or mechanism (including browsers, spiders, robots, avatars, or intelligent agents) to navigate or search the Services other than the search engine and search agents that we make available via the Services and other than the generally available third-party web browsers. If you violate our system or network security, you may face civil or criminal liability. We will investigate occurrences that may involve such violations. We may involve or cooperate with law enforcement authorities in prosecuting users who are involved in such violations.
We reserve the right (but is not required) to remove or disable your access to the Services or your User Content at any time and without notice, and at our sole discretion, if we determine that your use of our Services or your User Content is objectionable or in violation of these Terms. We have the right to investigate violations of these Terms and any conduct that affects our Services, and in response may take any action we may deem appropriate.
These Terms begin on the date you first access the Services in any manner and will remain in effect as long as you use any of the Services. You may terminate these Terms at any time by deleting the Application and discontinuing all use of the Services. We may terminate your use of the Services and these Terms immediately at any time and for any reason with or without notice to you. You agree that all terminations by us are in the Company’s sole discretion and that we shall not be liable to you or any third party for any such termination or outcomes thereof. Upon termination of these Terms (i) the rights and licenses granted to you herein shall automatically terminate as to the terminated rights; (ii) you shall cease all use of the Services that have been terminated; and (iii) we may at its own discretion remove and/or purge any and all data obtained by us in connection with providing you the Services. Any provisions that by their nature are intended to survive termination or expiration of these Terms will survive.
YOU USE THE SERVICES AT YOUR OWN RISK. Use of our Services should not replace your good judgment and common sense. We disclaim all liability and responsibility arising from any reliance placed on such content by you or by anyone who may be informed thereof. You agree that we are not liable and will have no liability whatsoever relating to any outcome of your use of the Services or for any action or inaction of you or any third party related to the Services. Any reliance you place on information offered through the Services is strictly at your own risk. Please read and comply with all safety notices that accompany the Services.
THE SERVICES ARE PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, THE COMPANY AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPLICITLY DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. Without limiting the generality of the foregoing, we make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness, or reliability of the Services.
NEITHER THE COMPANY NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING PERSONAL INJURY, HEALTH OR MEDICAL ISSUES, LOST DATA, LOST GOODWILL, SERVICE INTERRUPTION, OR DEVICE DAMAGE ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. IN NO EVENT WILL THE COMPANY’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES EXCEED THE AMOUNTS YOU HAVE PAID TO US FOR USE OF THE SERVICES DURING THE THREE (3) MONTHS PRECEDING THE EVENT GIVING RISE TO SUCH LIABILITY OR, IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO THE COMPANY, FIFTY DOLLARS ($50). THE EXCLUSIONS AND LIMITATIONS OF DAMAGES IN THESE TERMS ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN THE COMPANY AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
YOU AGREE TO INDEMNIFY AND HOLD THE COMPANY AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, REPRESENTATIVES, EMPLOYEES, PARTNERS AND LICENSORS HARMLESS FROM ANY CLAIMS, SUITS, ACTIONS, DEMANDS, DISPUTES, ALLEGATIONS, OR INVESTIGATIONS BROUGHT BY ANY THIRD PARTY, GOVERNMENTAL AUTHORITY, OR INDUSTRY BODY, AND ALL LIABILITIES, DAMAGES, LOSSES, COSTS, AND EXPENSES, INCLUDING WITHOUT LIMITATION REASONABLE ATTORNEYS’ FEES, ARISING OUT OF UES OF THE SERVICES BY YOU OR A THIRD PARTY, YOUR USER CONTENT, YOUR FEEDBACK, YOUR VIOLATION OF THESE TERMS, OR YOUR VIOLATION OF ANY RIGHTS OF ANOTHER PERSON OR ENTITY.
PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT CONTAINS A CLASS ACTION WAIVER, REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS, AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM THE COMPANY. You agree that any dispute, controversy or claim between you and the Company arising out of or relating to: (1) these Terms, or the breach thereof; (2) our provision of the Services; (3) your access to or use of the Services; or (4) any alleged violation of any federal, state, or local law, statute, or ordinance (each such dispute, controversy or claim, a “Dispute”) will be governed by the arbitration procedure outlined below.
We want to address your concerns without the necessity of a formal legal case. Before filing a claim against the Company, you agree to try to resolve the Dispute informally by contacting us at info@sendily.com. The Company will contact you by email as part of a good faith effort to resolve the Dispute informally. If a Dispute is not resolved within 30 days after submission, you or we may bring a formal proceeding.
You and the Company each agree to resolve any Disputes through final and binding arbitration administered by JAMS Mediation, Arbitration and ADR Services. The arbitration will be held in Clark County, Washington, United States, or any other location we agree to. The JAMS rules will govern payment of all arbitration fees. Notwithstanding the foregoing, either party may (i) assert qualifying claims in small claims court in King County, Washington or any United States county where you live or work or (ii) bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Services, or infringement of intellectual property rights (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration or the informal dispute resolution process described above.
Except as otherwise required by applicable law, the Terms and the resolution of any Disputes shall be governed by and construed in accordance with the laws of the State of Washington without regard to its conflict of laws principles. The Federal Arbitration Act, Washington state law, and applicable U.S. federal law, without regard to the choice or conflicts of law provisions, will govern these Terms. Foreign laws do not apply. The United Nations on Contracts for the International Sale of Goods and any laws based on the Uniform Computer Information Transactions Act (UCITA) shall not apply to these Terms. You hereby consent to the exclusive jurisdiction of the state and federal courts located in King County, Washington, USA to enforce these Terms or adjudicate any other Dispute, and you and the Company each agree to waive the right to a jury trial. Except as otherwise required by applicable law, if the agreement to arbitrate is found not to apply to you or your claim, you and the Company agree that any judicial proceeding (other than small claims actions) will be brought in the federal or state courts in King County, Washington.
YOU MAY ONLY RESOLVE DISPUTES WITH THE COMPANY ON AN INDIVIDUAL BASIS. You may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed under these Terms.
Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the Services must be filed within one (1) year after such claim or cause of action arose, or else that claim or cause of action will be barred forever.
The Company and the Services are owned and operated in the United States. We make no claims that the Services or any other products or services or their content is accessible or appropriate outside of the United States. If you access the Services from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
The parties’ relationship, as established by these Terms, is solely that of independent contractors. These Terms do not create any partnership, joint venture, or similar business relationship between the parties. Neither party is a legal representative of the other party, and neither party can direct and control the day-to-day activities of the other, assume or create any obligation, representation, warranty, or guarantee, express or implied, on behalf of the other party for any purpose whatsoever.
Except as otherwise stated herein, these Terms constitute the entire and exclusive understanding and agreement between the Company and you regarding the Services, and these Terms supersede and replace any and all prior oral or written understandings or agreements between the Company and you regarding the Services. You may not assign, delegate, or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. We may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns. We reserve the right to amend these Terms of Use at any time by updating this posting without prior notice. Your continued use of our Services following the posting of an updated Terms of Use constitutes your acceptance of such amendments. If the updated Terms are not acceptable to you, your only recourse is to cease using the Services. You are advised to periodically visit this page to determine the then-current Terms of Use.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of the Company. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the other provisions of these Terms will remain in full force and effect.
By downloading or using our Services, creating a profile, or typing your name into any of our electronic forms and indicating your acceptance or submission of information by clicking a box, you consent to (i) our communicating with you electronically; (ii) receiving all applications, notices, disclosures, and authorizations (collectively, “Records”) from us electronically; and (iii) entering into agreements and transactions using electronic Records and signatures. Please note that federal law treats electronic signatures as having the same legal force and effect as if they were signed on paper by hand, and online contracts have the same legal force as signing an equivalent paper contract in ink. We will use electronic documents for all communications, notices, agreements, disclosures, authorizations, and other documents necessary to provide you with the Services. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing. You must have a computer or other web-enabled device, an internet connection, an active email account, and the ability to receive and read PDF files to conduct business with us electronically. You agree to be responsible for keeping your own Records. If you require assistance with your Records or if you wish to receive Records in paper format or to withdraw your consent to receiving electronic records from us, please contact us at privacy@sendily.com. Agreements and transactions executed prior to this request will remain valid and enforceable.
We reserve the right to update the Terms at any time and for any reason in its sole discretion. We will notify you of any material changes to the Terms or to any service or other features of the Services. Any notices or other communications provided by us under these Terms, including those regarding modifications to these Terms, will be given via email or by posting to the Services. For notices made by email, the date of receipt on the message will be deemed the date on which such notice is transmitted.
YOU ACCEPT THESE TERMS IN THEIR ENTIRETY BY DOWNLOADING OR USING THE SERVICES IN ANY MANNER OR BY CLICKING TO ACCEPT THESE TERMS WHERE THAT OPTION IS PROVIDED.