Terms and Conditions

1. The ARPOONE Platform (“Platform” or “Service”)

The Platform is software based on a digital platform that enables the creation, management and sending of marketing communications (or Campaigns) across multiple digital communication channels, namely SMS and Email, directed at an audience of contacts pre-imported into the system. This software is developed by the company SEND IT – Software e Serviços para Telecomunicações, Unipessoal, Lda., with registered office at Rua Fradesso da Silveira nº 4, 3º B – Urbanização Alcântara Rio, in Lisbon, registered with the Lisbon Commercial Registry Office under the single registration and corporate person number 506.844.188 (“Sendit”). Its use requires Internet access and a web browser in order to use the Platform. The browsers recommended by Sendit are the following: Google Chrome, Safari, Mozilla Firefox, Microsoft Edge.

2. Purpose

The purpose of this document is to define the terms and conditions under which Sendit will provide its clients with the Arpoone service through the Platform.

3. Features and Conditions of Use

3.1. The Service is available at https://app.arpoone.com and offers the following features:

User, Account and Sender Management
Audience Management and Segmentation
Creation and Management of SMS and Email Templates
Creation, Management and Sending of communication Campaigns
Management and Sending via API for SMS and Email
Subscription and Management of Payment Plans
Subscription and Management of SMS and Email Traffic Packages
Management of the Account’s SMS and Email Traffic Balance
Reporting and Evaluation of Campaigns
Dashboard and Notifications
Creation and Management of Automation Flows
Creation, review and adaptation of content through the AI Assistant.

3.2 The use of these features is reserved for clients of the Platform, i.e., clients registered with a user account on the Platform (“Clients”), and is subject to acceptance, by the Clients, of these Terms and Conditions.

3.3 Access to the Platform is provided for the exclusive use of the Client, who is responsible for the proper and timely compliance with these Terms and Conditions.

3.4. The Client shall use the Platform only for the purposes for which it is intended, undertaking not to use it, nor to allow it to be used by third parties, for any purpose contrary to the law and to these Terms and Conditions.

3.5. The Client may not attack or unlawfully use the platform, by any means.

3.6. The Client undertakes not to interfere with the proper functioning of Sendit’s servers and systems.

3.7. The Platform may provide a feature based on artificial intelligence (“AI Assistant”), intended to assist the Client in creating, reviewing, rephrasing, summarizing, expanding or adapting content.

Content generated or altered by the AI Assistant is produced automatically and may contain errors, inaccuracies or inappropriate or incomplete information. The Client must therefore review and validate the content before using or sending it, remaining responsible for the final content and its compliance with applicable law.

The Client is likewise responsible for the information and content it enters into the AI Assistant, and must ensure it holds the rights and authorizations necessary for its use, and must avoid entering personal data or confidential information that is not necessary for use of the feature.

Sendit does not guarantee that the content generated by the AI Assistant is accurate, complete, unique or fit for a specific purpose, nor that it is free of third-party rights or claims.

3.8. Responsible Use and Limits of the AI Assistant

3.8.1. Usage limits

The AI Assistant is subject to daily and/or monthly usage limits, namely as to the maximum number of requests or interactions, which vary according to the plan subscribed to by the Client. The applicable limits are available at https://arpoone.com/en/pricing/ or in the Client’s account area.

3.8.2. Processing capacity

In addition to the maximum number of requests or interactions, use of the AI Assistant is subject to the processing capacity associated with the subscribed plan. Consumption of that capacity may vary between requests depending, in particular, on the nature and complexity of the request, the volume of information processed, the length of the content generated, the context considered, and other technical factors inherent to the operation of the service.

Thus, although each request is counted individually for the purposes of the applicable daily and/or monthly limits, the corresponding processing-capacity consumption may not be uniform.

3.8.3. Exhaustion of capacity

As a consequence of the foregoing, the processing capacity associated with the plan may, in certain circumstances, be exhausted before the maximum number of requests or interactions provided for the relevant period is reached. The number of requests indicated for each plan therefore corresponds to a maximum usage limit, and does not constitute a guarantee that such number can be fully used if the applicable processing capacity has previously been exhausted.

In that situation, access to the AI Assistant may be temporarily limited or suspended until the renewal of the relevant usage cycle or, where available, until the Client’s subscribed plan is changed.

3.8.4. Responsible use

The Client undertakes to use the AI Assistant responsibly, in accordance with its purpose and with these Terms and Conditions, refraining from adopting mechanisms or practices intended to circumvent the applicable limits, namely through abusive automation of requests, the creation or use of multiple accounts, or other forms of use liable to compromise the normal operation or availability of the service.

3.8.5. Changes to the limits

Sendit may review the usage and processing-capacity limits applicable to the AI Assistant, namely in light of the technical or commercial evolution of the service, subject to prior notice to the Client under the terms provided for in these Terms and Conditions.

4. Account and Access

4.1 Eligibility

To access the Platform and benefit from its use, the Client must:

Create an account on the Platform;
Provide the data identifying the user – Email Address, Mobile Phone Number, Name, Organization Name and Organization Type.
Access will be granted upon acceptance of these Terms and Conditions.
After completing the registration process, the Client will be automatically enrolled in the Free Plan, which is free of charge and has no time limitations, allowing the Client to access and use the Platform’s features.

Sendit reserves the right to change the eligibility conditions for access to the Platform at any time.

4.2 Account inactivity

If the Client’s account remains inactive for 12 (twelve) months or more, Sendit may delete the account without any right to reimbursement for amounts paid or refund of any unused balance existing in the Arpoone account. The Client accepts that, after the closure of its account, all data associated with it will be deleted or anonymized, including personal data, campaign data and contact audiences, without prejudice to the retention of data that Sendit is legally required or entitled to retain under applicable law. Usernames are unique and may only be used once. If your account has been closed, the username will no longer be available for use on any future account and cannot be recovered.

4.3 Account Access Credentials

The access data for the Client area on the Arpoone Platform is personal, non-transferable, and intended for the exclusive use of the Client, who must therefore keep the elements corresponding to their personal identification (username and password) confidential, not disclosing them to third parties; Sendit is not responsible for any damages resulting from improper use thereof. The Client undertakes to inform Sendit if it becomes aware of improper use of its access data, including any breach of their confidentiality. Should the service be accessed by unauthorized third parties, regardless of whether this is due to voluntary or involuntary conduct by the Client, liability for such use will always rest exclusively with the Client.

4.4 Account Data

Sendit may update any contact information on the Client’s account for the purposes of properly billing the Platform’s services. The Client further represents that all information it provides when creating and managing the accounts to which it has access is true and will remain complete and current.

5. Pricing Plans, Payments and Billing

5.1 Platform Pricing Plans

5.1.1 Free Plan

Upon registering on the Platform, the Client is automatically enrolled in the Free Plan, which guarantees access to the Platform under the terms specified at https://arpoone.com/en/pricing/.

The Free Plan is a subscription plan offered free of charge, providing a pre-defined set of features and usage limits, as detailed at the link above. These include a monthly volume of emails and SMS to any destination supported by Sendit’s Platform. Free Plan users are subject to a daily sending limit, as described in the plan details available at https://arpoone.com/en/pricing/, regardless of the balance available or remaining in their account.

Clients enrolled in the Free Plan may use the Platform with no time limitations associated with the plan. At any time, users may activate one of the paid pricing options (Subscription Plans or Pay-As-You-Go) listed at https://arpoone.com/pricing, or contract a custom or tailor-made plan.

Sendit reserves the right to modify, at its discretion, the eligibility conditions, features or usage limits associated with the Free Plan. Any changes take effect immediately upon publication and update at https://arpoone.com/pricing.

5.1.2 Subscription Plans

Subscription Plans have different pricing options and conditions, associated features, and different usage limits. Please refer to the eligibility criteria and detailed plan conditions at https://arpoone.com/pricing. Subscription Plans can be purchased and managed directly on the Platform by the Client, by accessing the Manage Plans option and following the steps indicated in the subscription process. If a tailor-made plan is contracted, the Platform’s Terms and Conditions continue to apply to the use of its services, although there may be an additional contract governing the conditions of the plan, the features made available and the associated payment terms.

5.1.3 Traffic Packages

Within the scope of the services provided by the Platform, and for use of the SMS channel or to top up extra balance for use of the Email channel, a Client with a Subscription Plan must purchase a traffic package (or Communication Packs). The Platform offers traffic packages with different pricing options, volumes and validity periods. See the full offer at https://arpoone.com/addons/. Traffic packages will be added to the Subscription Plan activated by the Client and charged in addition to the plan’s price.

5.1.4 Pay-As-You-Go Plan (or PAYG)

The Pay-As-You-Go (PAYG) Plan allows users to purchase SMS and Email packages (or PAYG Packages) to top up their account balance, in order to use the Platform’s SMS and/or email marketing services. This plan operates independently from subscription-based plans and has no recurring payments or activation fee.

Users may purchase packages through the Platform, by accessing the Manage Plans option and following the steps indicated in the purchase process. Packages purchased through the Platform will be added to the Client’s balance, which will be visible at all times on the Platform’s Dashboard screen.

A set of PAYG packages with different pricing options, volumes and destinations (in the case of the SMS channel) is available on the Platform. See the full offer at https://arpoone.com/pricing/.

The traffic associated with PAYG Packages has a validity period of six months. Unused balance will expire at the end of this six-month period.

5.2 Account Balance

Each account created on the Platform has an associated traffic balance that allows the Client to send SMS and/or Email Campaigns within the scope of its use. Depending on the account structure created or assigned to the Client, it is possible to view and manage the account balance directly on the Platform.

Each balance unit loaded onto the Platform corresponds to one communication unit for the respective channel.

Specifically:

Email channel: 1 balance unit equals 1 email.
SMS channel: 1 balance unit equals 1 SMS segment.

For the SMS channel, the size of a text message varies depending on the character encoding used. The Platform supports two types of encoding:

7-bit GSM Alphabet

Maximum message size: 160 characters (1 segment). Messages exceeding 160 characters are split into segments of 153 characters each.
Certain symbols count as 2 characters each: [ ] / ^ { } ~ | €.

UCS2 Encoding

Maximum message size: 70 characters (1 segment). Messages exceeding 70 characters are split into segments of 67 characters each.

For the SMS channel, the account balance will also reflect the value broken down by destination (i.e., by country for which the SMS Communication Package was purchased).

Clients are responsible for ensuring that their account has sufficient balance to send their Email or SMS communications. The balance may not be transferred between accounts nor converted into cash or other products, unless expressly stated otherwise by Sendit.

5.3 Validity of the Account Balance, Subscription Plans and Communication Packs

For Subscription Plans and Communication Packs with an associated renewal period, the traffic balance credited to the Client’s account is renewed at the end of each period, meaning that unused credit from the previous period expires. For Communication Packs without a renewal period, the traffic package balance has a maximum validity of 12 months.

5.4 Management of Payment Plans – Upgrade and Downgrade

The Client may choose to upgrade its Subscription Plan or change its current plan at any time. At the time of the upgrade, regardless of the point reached in the billing cycle, the Client will be immediately charged the difference between the value of its current plan and the change it wishes to subscribe to. Subject to successful payment, the upgrade will take effect immediately. On the billing cycle renewal date, the new amount payable will be determined based on the new Subscription Plan/change chosen. The Client also has the option to downgrade to a Subscription Plan/change of lower value than its current plan at any time. The downgrade will only take effect after the billing cycle in which the Client is currently enrolled has ended and payment of the new amount has been made.

5.5 Payments

The billing process for Subscription Plans and Communication Packs via the Platform will be carried out through the Stripe platform. The process of subscribing to and activating a Subscription Plan, Communication Pack, or purchasing PAYG Packages implies acceptance of that payment platform’s Terms of Service. A Subscription Plan, Communication Pack or PAYG Package will only become active following successful payment through the payment method used by the Client in the subscription process. This rule applies both at the time of activation and at the time of renewal of plans and packs purchased through the Platform. Please refer to our Privacy Policy for more detail on the sharing of information with Stripe. We also invite you to review Stripe’s privacy policy, available at https://stripe.com/en-pt/privacy.

5.6 Billing Process

If a payment request cannot be processed, depending on the reason, additional attempts will be made to collect the amount due, or the Client will be asked to update its payment information via the Platform, and the Client’s account may be suspended until payment can be processed.

5.7 Invoicing

Invoices for any purchase made via the Platform will be issued in digital format.

5.8 Changes to Service Prices

Sendit reserves the right to change the prices of the services offered through the Platform at any time. Any changes to the pricing structure will be published on the Arpoone website and/or communicated to the Client through their account, email or SMS.

Unless otherwise specified in the terms of a specific pricing plan, price changes will be published and communicated at least 30 days before they take effect. During this period, the Client has the right to terminate the contract if it does not agree with the new prices.

All published prices do not include taxes or other applicable charges, which may be added to the final cost of the service where necessary.

6. Sending Campaigns/Communications via the Platform – Senders

6.1 It is prohibited to use a sender identification for sending SMS, Email or any other digital communication channel made available by the Platform that does not belong to the Client and/or for which the Client is not duly authorized by the respective owner for that purpose, as well as to use trademarks or corporate names liable to infringe third parties’ intellectual property rights, under penalty of Sendit blocking the Client’s access to the Platform without prior notice, and the Client incurring civil and criminal liability. Likewise, creative content liable to mislead the consumer/recipient of the communication into believing that a given brand is associated with the communication/campaign sent will not be permitted, even if that brand is not expressly mentioned. It is also prohibited to hide or conceal the identity of the person on whose behalf an Email communication is sent, in accordance with applicable law.

6.2 Without prejudice to the Client possibly being asked by Sendit to provide documentation proving its status as the legitimate holder of the information/data provided, namely to guarantee its legitimacy to use an SMS or Email sender, the Client will remain fully responsible for the sender it uses, and no liability may be attributed to Sendit in this regard.

6.3 If the Client uses a sender identification for sending campaigns through the communication means made available, namely SMS and Email, that does not belong to it and/or for which it is not duly authorized by the respective owner for these purposes, Sendit reserves the right not to refund any payments as a penalty for the breach, without prejudice to any compensation that may apply for breach of contract.

7. Sending Campaigns/Communications via the Platform – Message Content

7.1. The Client is solely responsible for the content of the messages it sends through the Platform, regardless of whether that content was created by the Client or generated, reviewed or adapted using the AI Assistant, and guarantees that such content complies with applicable laws and regulations, particularly those relating to public order and ethical rules with reference to respect for human dignity, civil rights, equality between sexes and races, children’s rights, the freedom and property of third parties, pluralism of thought and opinion and, in general, decency. It further guarantees that it will hold Sendit harmless from any liability arising from such content.

7.2 Messages of violent or pornographic content, or which may be considered an offense against morality and public order, or which violate any legal provision in force under national or EU law, must not be sent through the communication channels made available by the Platform, namely SMS and Email.

7.3 The Client is solely responsible for the frequency, content and sender identification of the Campaigns sent, and guarantees that it will hold Sendit harmless from any liability arising from its use, since, due to the nature of the Service provided, it is impossible for Sendit to have any kind of control over the frequency, content and senders of the Campaigns sent through the Platform.

7.4 The indiscriminate and unsolicited sending of advertising or direct-marketing “SPAM” messages to individuals without their prior and express consent is not permitted, in accordance with applicable law.

7.5 The Client bears all obligations relating to the sending of unsolicited communications for marketing purposes, and is solely responsible for complying with all legal requirements, such as obtaining valid consent or ensuring that recipients are able to refuse marketing communications.

7.6 The Client represents that it will not send advertising or direct-marketing “SPAM” messages to legal entities that have objected to receiving them and that are included in the national list of legal entities that object to receiving unsolicited communications for direct-marketing purposes, in accordance with applicable law.

7.7 Sendit reserves the right to access the content of the messages sent by the Client in order to carry out, on an aggregated or anonymized basis, statistical analyses, adapt services to Clients’ needs, and improve the Platform’s user experience.

8. Scheduling Campaigns/Communications via the Platform

8.1. Campaigns may be scheduled by the Client within the 30 days preceding the campaign’s sending date.

8.2 It is the Client’s sole responsibility to ensure that the information it imports into the Platform for the purposes of creating and sending the Campaign is current, accurate and compliant with applicable law, namely with the legal obligations relating to the sending of unsolicited communications for marketing purposes.

9. Sendit’s Rights

9.1 Sendit reserves the right to:

Send communications/notifications to Arpoone Clients relating to the service/platform (new features, service maintenance, payment notifications, etc.).

Change these Terms and Conditions at any time and without prior notice. Changes to the Terms and Conditions will take effect upon their publication or on the effective date indicated therein, as applicable. For this reason, we recommend regularly reviewing these Terms and Conditions.

10. Protection of Personal Data

10.1 Your privacy is very important to us. Sendit will process your personal information and data in accordance with the terms of its Privacy Policy, available at https://arpoone.com/privacy-policy/.

11. Intellectual Property

11.1 The Client acknowledges that the Platform, as a computer program/software, as well as its content, are protected by intellectual property rights, and undertakes to respect such rights; accordingly, it is not authorized to use its content (texts, images, graphics, animations, videos and others) without Sendit’s prior authorization.

11.2 All trademarks and logos that may be displayed on the Platform are likewise protected by intellectual property rights, and their use and reproduction by any means is strictly prohibited without the express and prior authorization of the respective rights holders.

12. Liability

12.1 The Arpoone platform has adequate levels of security, and Sendit may not be held liable for any damages suffered by the Client or third parties as a result of possible delays, interruptions, any failure caused by the communications network or communication services provided by third parties, failures in computer systems, modems and/or any connection software.

12.2 Sendit will take the necessary measures to ensure that the Platform does not contain any type of computer virus harmful to your computer. However, since it does not have full control over the information circulating on the Internet, Sendit cannot be held liable for any element that may damage the service user’s computer.

12.3 Sendit does not in any way guarantee that messages sent by the Client through the Arpoone platform are received by the respective recipients.

12.4 Sendit agrees to ensure, by all possible and appropriate means, the consistent quality and continuity of the Service. However, Sendit cannot guarantee total reliability in the routing and storage of messages, which may be subject to interruptions in the Service by one or more mobile network operators or the Email service provider, due specifically, for example, to radio interference caused in particular by weather conditions, availability issues affecting the email service’s servers, the recipient being outside the operator’s coverage area, or the circumstance of the SIM card memory or Email inbox being full.

12.5 Sendit cannot be held liable for the delivery of messages by the mobile network operator, or by its Client. More broadly, Sendit cannot be held liable, in any way, for any direct or indirect damage, regardless of its origin or nature, caused to or incurred by the Client during the provision of the services provided by the Arpoone platform.

12.6 Sendit will forward to the Client any and all third-party complaints regarding the Services, and the Client must ensure the follow-up and resolution of the complaint submitted within 24 hours of receipt of the complaint.

12.7 Security incident notification

If we become aware of a security incident occurring within our systems that may impact Client information, the Client will be notified, if required by applicable law. Sendit will provide information about the incident to the extent the Client needs it to assess the consequences for itself and any legal or regulatory requirements that may apply to it, unless we are prevented from doing so by legal, security or confidentiality obligations. Notification, provision of information, and cooperation with the Client in responding to an incident will not be deemed an acknowledgment or assumption of liability or fault on Sendit’s part for such incident.

13. Limitation of liability

13.1 In no event will Sendit, its directors, employees, agents, partners or suppliers be liable, under contract, tort, strict liability, negligence or any other legal or equitable theory, with respect to the subject matter of these Terms and Conditions, for any lost profits, lost revenue, loss of reputation or goodwill, loss of data, cost of procurement of substitute goods or services, or special, direct, indirect, incidental, punitive or consequential damages of any kind (regardless of their origin). The foregoing exclusions do not apply to gross negligence or willful misconduct.

13.2 In addition to the above, Sendit will not be liable for damages or losses of any kind that may result from:

Use or inability to use the Platform, including, in particular, delays, interruptions, errors, interference and suspension of communications, omissions, Trojan horses, viruses, bugs, and damage and/or malfunctions;
Delays or blocking of use caused by deficiencies or overloads of the Internet or other electronic systems;
Suspension, malfunction or unauthorized use of the servers on which the Platform is hosted;
Delays, interruption, incorrect operation or malfunction of third-party systems and networks that connect to the Platform;
Unlawful actions by third parties.

14. Suspension, Cancellation of the Service and Termination of the Contract

14.1 Sendit reserves the right to cancel, at any time, the service and the contract of any Client that violates the Platform’s Terms and Conditions, or, more generally, that fails to comply with the law, including, but not limited to, Regulation (EU) 2016/679 of the European Parliament and of the Council, of 27 April 2016 (“GDPR”), as well as any other applicable legislation.

14.2. Furthermore, Sendit reserves the right to preventively suspend the Services should it detect any anomaly or legal violation, or should Sendit become aware of any nonconformity of the Service, and may act freely to clarify and resolve such nonconformity. If it proceeds in this manner, Sendit must communicate that decision to the Client, who, in order to have the Service restored, must provide sufficient proof that it complies with the provisions of these Terms and Conditions and other relevant legislation in force.

14.3 For the purposes of verifying the requirements set for the suspension or cancellation of the Service and termination of the Contract, as defined in the preceding paragraphs, Sendit may access the content of the messages sent by the Client, without, however, altering or modifying that content in any way.

14.4 Sendit reserves the right to deactivate the Platform at any time, subject to appropriate prior notice sent to the Client, making its best efforts to give such prior notice as far in advance as possible. The Client will not be entitled to any refund from Sendit as a result of the deactivation of the Platform.

14.5 The Client has the right to stop using the Platform whenever it wishes, without any commitment, simply by closing its account on the Platform. Sendit advises the Client to use the full balance existing in its account, as it will not be reimbursed.

15. Disclaimer of Warranties

15.1 Use of the Platform is entirely at your own risk. Except as expressly set out in these Terms and Conditions, the application is provided “as is” and “as available” and, to the maximum extent permitted by applicable law, all warranties and representations, whether express, implied or statutory, are excluded, including, without limitation, warranties of merchantability, fitness for a particular purpose, non-infringement, or warranty of uninterrupted service, all of which are expressly waived.

15.2. Sendit does not warrant that (i) the platform will meet your requirements, (ii) the application will be uninterrupted, timely, secure, or error-free, (iii) any results, advice, recommendations or information, including content generated or altered through the AI Assistant, that may be obtained from use of the platform will be accurate, precise, complete, free of errors, or reliable, or (iv) the quality of the application, features, information, or other material obtained by you through the Platform will meet your expectations.

16. Customer Support

16.1. Sendit will answer the Client’s questions regarding the use of the service, by email to info@sendit.pt or by phone through Customer Support at +351 213 405 290.

16.2. The technical support referred to in the preceding point will under no circumstances be provided at the Client’s home, in person, or directly on the Client’s equipment or computer programs.

17. Confidentiality

17.1. Sendit will ensure the confidentiality of the Client’s personal data and content.

17.2. In providing the Service to the Client, Sendit may have access to information transmitted and/or received by the Client. This information may only be disclosed with the Client’s consent, by court order, or where, for reasons of force majeure, disclosure proves necessary. Sendit will keep confidential the information to which it has access under those terms.

18. Governing Law and Jurisdiction

This Agreement is governed by Portuguese law, and any dispute arising from its application, interpretation or performance that cannot be settled amicably will be submitted to the exclusive jurisdiction of the courts of the district of Lisbon, with express waiver of any other jurisdiction.

19. Entire Agreement

These Platform Terms and Conditions constitute the entire agreement between Clients and Sendit and govern the Services and the use of the Platform, and are supplemented, in everything not provided for herein, by the Privacy Policy.

They may also be subject to additional terms and conditions that may apply when you use third-party services, software or content.

20. Additional Obligations

The Client shall provide all documents and take all measures necessary to comply with its obligations under these Terms and Conditions.

21. Notices

For notice purposes, Sendit may use any email address or physical address indicated on the Client’s account, including contact information associated with the primary contact, billing contact, administrator profile, or any other profile associated with the Client’s account.

If you have any questions about our Terms and Conditions, please contact us by email at info@sendit.pt .