Terms of Service

These terms of service (the "Terms") apply between Sitepulse Marketing AB, reg. no. 559332-8510, Sågstuvägen 2H, 141 49 Huddinge, Sweden ("Sendnord") and the legal entity that creates an account in or uses the Sendnord service (the "Customer").

By creating an account, logging in to or using the Service, the Customer accepts the Terms and confirms authority to represent the Customer. The Service is intended for business use.

Sendnord's Anti-Spam Policy and Data Processing Agreement form integral parts of the Terms. In the event of conflict, the Data Processing Agreement prevails in matters concerning the processing of personal data; otherwise the Terms prevail.

The Service is a platform for email marketing and transactional messages with AI-assisted features, comprising management of contact lists and consents, composition and dispatch of campaigns and transactional messages, measurement of delivery and engagement, and AI features such as content assistance, send-time optimization and campaign insights.

Additional channels, such as SMS and RCS, may be added. Unless separate terms are provided for a channel, the Terms apply to it.

Sendnord grants the Customer a non-exclusive, non-transferable right to use the Service during the subscription term. The Customer may not sublicense, copy or decompile the Service beyond what follows from mandatory law.

The Customer is responsible for keeping login credentials and API keys secure and for all activity under the Customer's account, including sending via the API. The Customer shall maintain good information security in its own environment.

The Customer shall without delay notify Sendnord at security@sendnord.com on suspicion of unauthorized use of the account.

Sendnord is not liable for damage resulting from unauthorized access to the Customer's account caused by circumstances on the Customer's side: such as phishing directed at the Customer, weak or reused passwords, or deficient handling of credentials or API keys: provided the access is not attributable to defects in the Service.

The Customer owns its Customer Data: the contact lists, subscriber and recipient data, consent records, message content and related data that the Customer submits to the Service.

The Customer is responsible for having the necessary rights, lawful basis and, where required, consents to collect Customer Data and send messages to its recipients, and for compliance with applicable law, including the General Data Protection Regulation (GDPR), the Swedish Electronic Communications Act (2022:482), the Swedish Marketing Act (2008:486) and corresponding rules in jurisdictions where the Customer's recipients are located.

If the Customer enables engagement measurement (opens and clicks), the Customer is responsible for informing its recipients of this in its privacy information and for the lawful basis of the measurement. The Service supports consent-conditional tracking per recipient where the Customer's lawful basis so requires.

Special categories of personal data (Article 9 GDPR) may not be submitted to the Service without separate written agreement, and never used in AI features.

The Customer is solely responsible for the content of its communications and its other activities on the Internet.

This section protects the Customer's recipients and the shared sending infrastructure on which all customers depend, and constitutes a material term of the Terms. It is supplemented by the Anti-Spam Policy; in case of conflict, the Terms prevail.

5.1 Consent and lawful basis

Marketing messages may only be sent to recipients who have given valid consent, or where another basis exists that satisfies both data-protection and marketing-law requirements: for example so-called soft opt-in for the Customer's existing customers regarding similar goods or services, where an opt-out was offered at collection and is offered in every message. The Customer must be able to demonstrate the origin and lawful basis of every address.

5.2 Prohibited lists

Purchased, rented, scraped or third-party-appended addresses are prohibited, as are addresses collected by a third party without provable consent covering the Customer's sending. Sendnord may require evidence of a list's origin and may refuse or remove lists that fail this requirement.

5.3 Identification and honesty

Every message must correctly identify the Customer as sender, use truthful headers and subject lines, contain the Customer's company or trade name and a valid postal address, and provide a working reply path. Where sending is performed on behalf of another party, that party's details must be stated.

5.4 Unsubscribe

Every marketing message must contain a functioning unsubscribe mechanism. The platform enforces this: marketing messages cannot be sent without an unsubscribe link, and List-Unsubscribe headers with one-click unsubscribe (RFC 8058) are added automatically. An unsubscribe takes effect immediately and may not be circumvented, delayed or reset.

5.5 Transactional messages

Transactional messages (for example receipts, password resets and account notices) must be genuinely non-commercial, be sent to explicitly specified recipients and not to marketing lists, and may: because they are requested by the recipient: be delivered to recipients who have unsubscribed from marketing. Misclassifying marketing as transactional constitutes material breach.

5.6 Prohibited content

The Service may not be used for content that is unlawful, deceptive or fraudulent (including phishing), that distributes malware, that infringes third-party rights, or that constitutes harassment. Dissemination of information in violation of Swedish law: such as child sexual abuse material, defamation or incitement against ethnic groups: constitutes improper use. Lawful content that carries elevated delivery or reputational risk is permitted at the Customer's sole risk; the Customer bears full responsibility for such content and its consequences, and Sendnord's rights under "Thresholds and infrastructure protection" and "Suspension" remain unaffected.

5.7 Thresholds and infrastructure protection

Sendnord monitors bounce and complaint rates. Sendnord may set and enforce thresholds: as a guideline, complaint rates of 0.3% of delivered messages, or materially elevated bounce rates, indicate deficient list quality: and may throttle, pause, isolate or reroute sending that threatens deliverability for the Customer or other customers, including during IP warm-up.

5.8 Enforcement ladder

Depending on severity, Sendnord will (a) warn the Customer and require corrective action, (b) pause sending until the deficiency is remedied, or (c) suspend or terminate the account. Severe abuse: such as phishing, distribution of malware or deliberate spam: may result in immediate suspension without prior warning.

The AI features generate suggestions, content, predictions (such as optimal send times) and insights. Outputs are estimates provided as-is and may be inaccurate. The Customer is responsible for reviewing AI-generated content before sending and may not use AI outputs as the sole basis for decisions with legal or similarly significant effects on individuals.

Sendnord does not use Customer Data to train or fine-tune AI models. Account-specific optimization uses only the Customer's own data within the Service. AI processing takes place with providers in EU regions under agreements prohibiting training on the Customer's data, as further described in the Privacy Policy and the Data Processing Agreement.

For Customer Data, Sendnord is a processor. Sendnord's Data Processing Agreement at /dpa is incorporated into and forms part of the Terms. Engaged sub-processors are listed in the register at /subprocessors.

The subscription is based on the number of active subscribers, calculated as the highest number of unique contacts across all of the Customer's accounts during the billing period, according to the price list in force at /pricing or the Customer's order.

If the Customer exceeds its subscription tier, the subscription is automatically upgraded to the next tier per the price list, with effect for the current billing period.

Fees are paid in advance per billing period. Paid fees are not refunded. Fees are stated exclusive of VAT.

Price changes are notified at least thirty (30) days in advance and take effect from the next billing period.

The Customer shall keep billing and contact details current in the Service.

In the event of late payment, interest accrues under the Swedish Interest Act (1975:635), together with statutory fees for payment reminders and debt collection. Claims remaining unpaid thirty (30) days after the due date may be transferred to debt collection or legal recovery.

Sendnord is responsible for the operation and maintenance of the Service, including backups and keeping underlying software and hardware fit for the Service.

Sendnord may temporarily restrict access to the Service where necessary for operational or security reasons. Such restrictions shall, where reasonably possible, be announced in advance and last only as long as the necessity persists.

Sendnord has the right to collect and analyze data about how the Service is used: such as feature usage, performance and operational data, and account users' interaction with the Service: in order to provide, secure, troubleshoot and improve the Service and understand customers' needs, in accordance with the Privacy Policy. Sendnord may additionally produce aggregated, anonymized statistics that can identify neither a data subject nor an individual customer, in accordance with the Data Processing Agreement. Customer Data at the individual level is not used for Sendnord's own purposes; such processing is governed exclusively by the Data Processing Agreement.

Except as expressly stated in the Terms, the Service is provided as-is, without warranties beyond what follows from mandatory law.

Neither party is liable for indirect or consequential damage, such as loss of profit or loss of data, except to the extent mandatory law provides otherwise.

Sendnord's aggregate liability under the Terms is limited to the fees paid by the Customer for the Service during the twelve (12) months preceding the event giving rise to the claim. For claims attributable to the processing of personal data, the limitation of liability in the Data Processing Agreement applies instead.

Neither party is liable for failure or delay in performance (other than payment obligations) caused by circumstances beyond the party's reasonable control, such as labor conflict, acts of authorities, statutory provisions, war, sabotage, fire, atmospheric disturbance or interruptions in power, network or other infrastructure outside the party's control, provided the affected party notifies the other and resumes performance as soon as reasonably possible. If such a circumstance persists for more than thirty (30) days, either party may terminate the affected part of the Service.

The Customer shall hold Sendnord harmless from third-party claims, administrative fines and reasonable costs (including legal fees) arising from the Customer's Customer Data, the origin or use of the Customer's lists, or sending in violation of Section 5 or applicable law.

Sendnord may suspend the Customer's access to the Service if the Customer, despite a reminder, has not paid a due invoice within the stated time. During suspension, access to the Service is closed in its entirety, including sending, import and export of Customer Data. Customer Data is preserved unchanged during the suspension and is not processed for any other purposes; Sendnord's obligations under the Data Processing Agreement continue to apply. The suspension is lifted without delay when all overdue amounts have been paid. If the payment default persists thirty (30) days after suspension, Sendnord may terminate the Terms with immediate effect, whereupon the data-export and deletion provisions of "Term and termination" apply.

Sendnord may suspend or terminate the Service in the event of material breach of the Terms, including the Sending Rules in Section 5, in accordance with the enforcement ladder in clause 5.8. In the event of improper use under clause 5.6 or severe abuse, suspension may take place immediately without any obligation to refund.

It is prohibited to exploit bugs, vulnerabilities or errors in the Service, to circumvent authorization or volume limitations, or to obtain access to data or functions beyond what the Customer's authorization permits. Such conduct constitutes material breach and may additionally constitute unlawful data access under Chapter 4, Section 9 c of the Swedish Criminal Code. Sendnord reserves the right to take legal action, including claims for damages and reporting to the police, and to suspend the account immediately.

Legal action under the preceding paragraph will not be taken against a person who discovers a vulnerability and (a) without delay reports it to security@sendnord.com with a complete description of the method used and of any data accessed, (b) does not exploit the vulnerability beyond what was necessary to demonstrate it, (c) does not disseminate, alter or retain accessed data, and (d) deletes accessed data at Sendnord's request (responsible disclosure).

The subscription runs until further notice per the chosen subscription period and renews automatically. Termination shall be made in writing or in the Service, with a mutual notice period of three (3) months, unless otherwise agreed in writing between the parties.

Upon expiry of the Service, on whatever ground, the Customer may export its Customer Data for thirty (30) days; no later than thirty (30) days after expiry, Customer Data is deleted in accordance with the "Deletion and return" provisions of the Data Processing Agreement.

In the event of a party's bankruptcy, liquidation or comparable circumstance, the other party may terminate the Terms with immediate effect, whereupon the data-export and deletion provisions above apply in relation to the Customer or its bankruptcy estate. Customer Data remains in all circumstances the property of the Customer or its bankruptcy estate. Sendnord's claims are asserted against the Customer or filed in the bankruptcy.

Sendnord may amend the Terms. Material changes are notified at least thirty (30) days before they take effect; continued use thereafter constitutes acceptance.

All intellectual property rights in the Service, its source code, trademarks and documentation belong to Sendnord. The Customer owns its content and its Customer Data in accordance with "Customer Data and the Customer's responsibilities" and the Data Processing Agreement.

The Terms are governed by Swedish law, excluding its conflict-of-law rules. Disputes arising out of the Terms shall be settled by Swedish general courts, with Stockholm District Court (Stockholms tingsrätt) as court of first instance.

Questions about the Terms: legal@sendnord.com

Sitepulse Marketing AB (reg. no. 559332-8510), Sågstuvägen 2H, 141 49 Huddinge, Sweden