WELCOME OFFER:

10% off any subscription for 1 year + 5X the number of contatcts in Emails + up to 1,500 SMS free

Terms of Service

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

The Platform is a software that operates on a digital platform, enabling the creation, management, and delivery of marketing communications (or Campaigns) through various digital communication channels, including SMS and Email. These communications are specifically targeted at a pre-imported audience of contacts within the system. This software is developed by the company Sendit, Software e Serviços para Telecomunicações, S.A., with registered office at Rua Fradesso da Silveira nº 4, 3º B – Urbanização Alcântara Rio, in Lisbon, registered at the Conservatória do Registo Comercial de Lisboa under the single registration and taxpayer number 506.844.188 (“Sendit”). Its use requires the existence of internet access and a browser for the use of 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 customers 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 provides the following functionalities:

  • Managing Users, Accounts and Senders
  • Audience Management and Segmentation
  • Creation and Management of SMS and Email Templates
  • Creation, Management and Sending of Communication Campaigns
  • Management and Submissions by API
  • Subscription and Management of Payment Plans
  • Subscription and Management of SMS and Email communications bundles
  • SMS and Email Balance Management
  • Campaign Reporting and Evaluation
  • Dashboard and Notifications

3.2 The use of these functionalities is reserved to customers of the Platform, i.e. customers registered with a user account on the Platform (“Clients”) and are subject to the Clients’ acceptance 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 or allow it to be used by third parties for any purpose contrary to the law and these Terms and Conditions.

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

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

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 information that identifies the user – Email Address, Mobile Number, Name, Organization Name, and Organization Type.
  • Access will be provided upon acceptance of these Terms and Conditions.
  • With the conclusion of the registration process, the Client will have the Trial plan automatically activated in his account, free of charge, for 14 days, for the purpose of testing the Platform’s functionalities.

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

4.2 Account inactivity

If the customer account remains inactive for twelve (12) months or more, Sendit may delete the account without refund for amounts paid or refund of unused balance existing in the Arpoone account. The Client accepts that, upon closure of his account, all data associated with it will be deleted, including personal data, campaign data and contacts audience. Usernames are unique and can 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 retrieved.

4.3 Account Access Credentials

The credentials for accessing the Client’s area of the Arpoone Platform are personal, non-transferable and serve the exclusive use of the Client, whereby the Client must keep the elements corresponding to his/her login details (username and password) confidential and not reveal them to third parties, and Sendit is not responsible for any losses resulting from abusive use of the same. The Client undertakes to inform Sendit in case he has knowledge of the incorrect use of his login details, including the breach of confidentiality of the same. Should unauthorized third parties access the service, regardless of whether due to voluntary or involuntary behaviour on the part of the Client, the responsibility for such use will always be exclusively that of the Client.

4.4 Account Data

Sendit may update any contact information in the Client’s account for the purposes of proper billing of the Platform’s services. The Client further declares that all the information provided by him/her in the creation and management of the accounts to which he/she has access is true and will remain complete and current.

5. Pricing, Payment Plans and Invoicing

5.1 Price Plans Platform

Once the 14-day trial period has ended, the Client may continue to use their account on the Platform, but to make use of its functionalities they will have to subscribe to one of the price plans (or Subscription Plans) published at https://arpoone.com or contract a tailor-made plan. The Subscription Plans have different price options and terms, associated functionalities, as well as different usage limits. The acquisition and management of Subscription Plans may be carried out directly on the Platform by the Client by accessing the Manage Plan option and following the steps indicated in the subscription process. If a custom-made plan is contracted, the Platform’s Terms and Conditions shall still apply to the use of its services, although there may be an additional contract governing the conditions of the plan, functionalities made available and associated payment conditions.

5.2 Communications Bundles

Within the scope of the services provided by the Platform, the Customer must purchase a communications bundle (or Communications Packs) to use the SMS channel or top-up an extra balance to use the Email channel. Bundles with different price, volume and validity options are available on the Platform. See the complete offer at https://arpoone.com. The bundles will be added to the Subscription Plan activated by the Client and charged in addition to the value of the plan.

5.3 Account Balance

Each account created on the Platform has an associated communications balance that enables the Client to send SMS and/or Email campaigns as part of its use. Depending on the account structure created or assigned to the Client, the account balance can be viewed and managed directly on the Platform. Each balance unit loaded onto the Platform corresponds to one communication unit for the respective channel, i.e. 1 balance unit in the Email counter is equivalent to 1 Email. In the case of the SMS channel, the account balance will show the detailed value per destination, i.e., per country for which the SMS Communications Pack was purchased.

5.4 Expiration of Account Balances, Subscription Plans and Communications Packs

For Subscription Plans and Communications Packs with an associated renewal period, the value credited to the Customer’s account renews at the end of each period, causing the unused credit for the previous period to expire. Communications Packs with no renewal period, have a maximum validity of 12 months.

5.5 Payment Plans Management – Upgrade and Downgrade

You may choose to upgrade your Subscription Plan or change your current plan at any time. At the time of the upgrade, regardless of the moment in within the billing cycle is, you will be immediately charged the difference between the value of your current plan and the plan or plan feature you wish to subscribe. Upon successful collection, the upgrade will take effect immediately. At renewal date of the billing cycle, the new amount payable will be determined based on the new Subscription Plan/feature subscribed. The Client can also downgrade its subscription to a lower value plan at any time. The downgrade will only take effect at the end of the current billing cycle with the payment of the new (lower) amount taking place.

5.6. Payments

The billing process for Subscription Plans and Communications Packs via the Platform will be carried out through the Stripe platform. The process of subscription and activation of a Subscription Plan or Communications Pack implies acceptance of the Terms of Service of this payment platform. A Subscription Plan or Communications Pack will only become active upon successful collection through the payment method used by the Customer in the subscription process. This rule applies both at the time of activation and at the time of renewal of plans and packs purchased via the Platform. Please refer to our Privacy Policy for more details about sharing information with Stripe. We also invite you to check Stripe’s privacy policy, available at https://stripe.com/en-pt/privacy .

5.7 Collection Process

If a payment request cannot be processed, depending on the reason, additional attempts will be made to collect the outstanding amount or an update of payment details will be required to the Client via the Platform, and the Client’s account may be suspended until the payment can be processed.

5.8 Invoicing

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

5.9. Price changes of the Services

Sendit may change the prices of the services provided via the Platform at any time by publishing the new price structure on the Arpoone website, and/or by sending a notification via the customer’s account or by email/SMS communication to the Client. Changes in prices of services shall be published and communicated 30 days before they come into force, and the Customer may terminate the contract within that period. Taxes applicable to the services and other applicable regulatory fees may be added to the published prices.

6. Sending Campaigns/Communications via Platform – Senders

6.1 It is prohibited to use a sender ID for sending SMS or Email or other digital communication channels provided by the Platform that does not belong to the Client and/or for which it is not duly authorised by the respective holder for this purpose, as well as to use brands or corporate names liable to infringe third-party intellectual property rights, under penalty of Sendit, without prior notice, blocking the Client’s access to the Platform and the Client incurring civil and criminal liability. Likewise, creations that may mislead the consumer/recipient of the communication by making them believe that there is a certain brand associated to the communication/campaign sent, even if such brand is not expressly mentioned, will not be accepted. It is also prohibited to conceal or disguise the identity of the person on behalf of whom a communication is made via Email, in accordance with applicable law.

6.2 Notwithstanding the fact that the Client may be requested by Sendit to submit documentation verifying their status as the legitimate holder of the information/data provided, namely guaranteeing his legitimacy to use an SMS or Email sender, the Client will remain entirely responsible for the senders he uses and Sendit may not be held liable in this regard.

6.3 Should the Client use a sender ID for sending campaigns using the communication means provided, namely SMS and Email, which does not belong to him/her and/or for which he/she is not duly authorized by the respective holder for these purposes, Sendit reserves the right not to return any payments as a penalty for non-compliance, without prejudice to any compensation that may be due for breach of contract.

7. Sending Campaigns/Communications via Platform – Message Content

7.1. The Client is solely responsible for the content of the messages he/she sends through the Platform, ensuring that the content thereof complies with applicable laws and regulations, especially those related to public order and rules of ethics with reference to respect for human dignity, civil rights, equality between the sexes and races, children’s rights, freedom and property of third parties, pluralism of thought and opinion and, in general, decency. Moreover, it guarantees that it will leave Sendit free of any liability resulting from such content.

7.2 No messages with violent or pornographic content or that may be considered an offense to moral and public order or violate any legal provision in force in the Portuguese or the European Community’s legal systems shall be sent through the means of communication made available by the Platform, namely SMS and Email.

7.3 The Client is solely responsible for the frequency, content and identification of the sender of the Campaigns sent, guaranteeing that it will leave Sendit free of 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 that are sent through this Platform.

7.4 It is not allowed to send indiscriminate and unsolicited messages of an advertising nature or for direct marketing purposes “SPAM” to individuals without their prior and express consent, under the terms of the applicable legislation.

7.5 All obligations relating to sending unsolicited communications for marketing purposes rest with the Client, and the Client is solely responsible for complying with all legal requirements, such as obtaining valid consent or ensuring that recipients can opt-out of marketing communications.

7.6 The Client declares that they will not send advertising messages or for direct marketing purposes, commonly known as “SPAM,” to legal entities that have objected to receiving such communications and are part of the national (Portugal) list of legal entities that oppose the receipt of unsolicited communications for direct marketing purposes, in accordance with applicable legislation.

7.7 Sendit reserves the right to access the content of messages sent by the Client to carry out statistical analyses, adapt services to Client needs and improve the user experience of the Platform, in aggregate or anonymized form.

8. Scheduling of campaigns / communications via Platform

8.1. Campaigns can be scheduled by the Client within 30 days prior to the campaign send 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 and accurate and complies with the legislation in force, in particular the legal obligations relating to sending unsolicited communications for marketing purposes.

9. Sendit’s Rights

9.1 Sendit reserves the right to:

Send communications/notifications to Arpoone Clients related 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 be effective upon their publication or the effective date indicated in them, as applicable. For this reason, we advise you to consult the present Terms and Conditions regularly.

10. Personal Data Protection

10.1 Your privacy is very important to us. Sendit will treat 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 contents, are protected by intellectual property rights and undertakes to respect such rights, and is therefore not authorized to use its contents (texts, images, graphics, animations, videos and others) without Sendit’s prior authorization.

11.2 All brands and logos that may be presented on the Platform are also protected by intellectual property rights and their use and reproduction by any means is strictly forbidden without the express and prior authorization of the respective owners of said rights.

12. Responsibility

12.1 The Arpoone platform has adequate security levels, and Sendit cannot be held responsible for any damages suffered by the Client or third parties because of possible delays, interruptions, any failure caused by the communications network or communications services provided by third parties, failures in the computer system, 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, as Sendit does not fully control the information circulating on the Internet, it cannot be held liable for any element that may damage the service user’s computer.

12.3 Sendit does not guarantee in any way that the 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 consistency of quality and continuity of the Service. However, Sendit cannot guarantee total reliability in routing and storage of messages, which may be subject to interruptions in the Service by one or more mobile phone operators or Email service provider, due specifically to, for example, radio interference caused in particular by weather conditions, availability problems of the Email service servers, the fact that the recipient is outside the coverage area of the operator or the circumstance that the memory of the SIM card or Email box is full.

12.5 Sendit may not be held liable for the delivery of messages by the mobile telephone operator, or by its client. More broadly, Sendit may not be held liable in any way whatsoever for any direct or indirect loss, regardless of its origin or nature, caused or incurred by the Client during the provision of the services provided by the Arpoone platform.

12.6 Sendit will send to the Client any and all third-party complaints about the Services, and the Client must ensure that the complaint is followed up and resolved within 24 hours of receiving the complaint.

12.7 Security incident notification

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

13. Limitation of liability

13.1 In no event shall Sendit, its directors, employees, agents, partners, 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 revenues, 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 (however arising). The foregoing exclusions do not apply to gross negligence or wilful misconduct.

13.2 Apart from the above, Sendit shall 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 with and suspension of communications, omissions, Trojan horses, viruses, bugs, and damage and/or malfunctions;
  • Use delays or blockages 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;
  • Illegitimate actions by third parties.

14. Suspension, cancellation of service and contract termination

14.1 Sendit reserves the right to cancel, at any time, the service and the contract of any Client who violates the Terms and Conditions of the Platform, or in more general terms, who fails to comply with the law, in particular, but without limitation, with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 (“RGPD”), as well as other legislation that may be applicable.

14.2. Moreover, Sendit reserves the right to preventively suspend the Services if it detects any anomaly, legal violation, or if Sendit becomes aware of any non-compliance of the Service and may freely act to clarify and resolve such non-compliance. If it does so, Sendit shall communicate such decision to the Client, who, to put the Service back into operation, shall provide sufficient evidence that it complies with the provisions of these Terms and Conditions and other relevant legislation in force.

14.3 For the purposes of verification of the assumptions 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, and by any means, change or modify this same content.

14.4 Sendit reserves the right to shutdown the Platform at any time by giving adequate notice to the Client, making every effort to give as much notice as possible. The Client shall not be entitled to any refund from Sendit resulting from the shutdown of the Platform.

14.5 The Client has the right to cease using the Platform whenever he/she wishes, without any commitment, simply by closing his/her account on the Platform. Sendit advises the Client to use the existing balance in his account in its entirety since the same shall not be reimbursed.

15. Exclusion of guarantees

15.1 Your use of the Platform is at your sole risk. Except as expressly set forth in these Terms and Conditions, the Application is provided “as is” and “as available” and to the fullest extent permitted by applicable law, excluding any warranties and representations, whether express, implied or statutory, including, without limitation, warranties of merchantability, fitness for a particular purpose, non-infringement or warranty of uninterrupted services, all of which are expressly disclaimed.

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 that may be obtained from the use of the Platform will be accurate, precise, complete, or error-free 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 clarify tall the questions the Client may have about the use of the service, via email sent to info@sendit.pt, or by phone through the Customer Support Service +351 213 405 290.

16.2. The technical support referred to in the previous point will not, under any circumstances, be provided at home, personally or directly on the Customer’s equipment or computer programs.

17. Confidentiality

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

17.2. Within the scope of the provision of the Service to the Client, Sendit may have access to information transmitted and/or received by the Client. The disclosure of this information may only occur with the consent of the Customer or by court order or when, for reasons of force majeure, the disclosure becomes necessary. Sendit will maintain the confidentiality of the information to which it has access under those terms.

18. Law and Jurisdiction

This Agreement is governed by Portuguese law and any issue arising from its application, interpretation or execution, which is not resolved amicably, will be submitted to the exclusive jurisdiction of the district court of Lisbon, with express waiver of any other.

19. Full 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 all that is not provided for herein by the Privacy Policy.

You 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 will provide all documents and take all necessary measures to fulfil its obligations under these Terms and Conditions.

21. Notifications

For notification purposes, Sendit may use any email address or physical address indicated in the customer account, including contact information associated with the primary contact, billing contact, administrator profile or other profile associated with the customer account.

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