1. Acceptance of Terms

By accessing or using SendKite ("the Service"), operated by Mates Rates Service Pty Ltd ("we," "us," or "our"), you agree to be bound by these Terms of Service. If you do not agree to these terms, do not use the Service.

2. Description of Service

SendKite is an AI-powered email marketing platform that helps creators transform their Instagram content into email campaigns. Our service includes:

Instagram account integration and content syncing
AI-powered email campaign generation
Contact list management
Email sending and delivery
Analytics and tracking

3. Account Registration

To use SendKite, you must:

Be at least 18 years old
Provide accurate and complete registration information
Maintain the security of your account credentials
Promptly notify us of any unauthorized access
Accept responsibility for all activities under your account

4. Instagram Integration

When connecting your Instagram account:

You must use an Instagram Business or Creator account
You must be authorized to grant us access to the Instagram account
You must have access to the Facebook Page linked to the Instagram account
You grant us permission to access your Instagram profile and posts
You can revoke access at any time through Instagram or our Service

5. Acceptable Use

You agree NOT to use SendKite to:

Send spam or unsolicited emails
Send emails to purchased or rented email lists
Include illegal, harmful, or offensive content in emails
Violate any applicable laws or regulations (including CAN-SPAM, GDPR)
Impersonate others or misrepresent your identity
Distribute malware or phishing attempts
Interfere with or disrupt the Service
Circumvent any usage limits or restrictions

5.1 Email Compliance

You are responsible for ensuring your email campaigns comply with:

CAN-SPAM Act (United States)
GDPR (European Union)
CASL (Canada)
Australian Spam Act 2003
Any other applicable anti-spam and privacy laws

6. Content Ownership

6.1 Your Content

You retain ownership of all content you create or upload, including Instagram posts, email content, and contact lists. By using our Service, you grant us a limited license to use, process, and display your content solely for the purpose of providing the Service.

6.2 AI-Generated Content

Email campaigns generated by our AI are created based on your content and inputs. You own the resulting email campaigns and are responsible for reviewing and approving them before sending.

7. Subscription and Billing

7.1 Free Tier

The free tier includes:

Up to 500 email contacts
Up to 4 email campaigns per month
"Powered by SendKite" branding in email footer

7.2 Pro Tier ($99/month)

The Pro tier includes:

Unlimited email contacts
Unlimited email campaigns
No SendKite branding
Priority support

7.3 Payment Terms

Subscriptions are billed monthly via Stripe
Payments are non-refundable except as required by law
You can cancel at any time; access continues until the billing period ends
We may change pricing with 30 days notice

8. Service Availability

We strive to provide reliable service but do not guarantee 100% uptime. We may temporarily suspend the Service for maintenance, updates, or unforeseen issues. We are not liable for any damages resulting from service interruptions.

9. Termination

9.1 By You

You may terminate your account at any time by contacting us or through your account settings. Upon termination, your data will be deleted according to our Privacy Policy.

9.2 By Us

We may suspend or terminate your account if you:

Violate these Terms of Service
Engage in abusive or fraudulent activity
Fail to pay subscription fees
Cause harm to other users or third parties

10. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

We do not warrant that:

The Service will be uninterrupted or error-free
Email deliverability will be guaranteed
AI-generated content will be accurate or suitable
The Service will meet your specific requirements

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, MATES RATES SERVICE PTY LTD SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR BUSINESS OPPORTUNITIES.

OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

12. Indemnification

You agree to indemnify and hold harmless Mates Rates Service Pty Ltd, its officers, directors, employees, and agents from any claims, damages, losses, or expenses arising from your use of the Service or violation of these Terms.

13. Third-Party Services

Our Service integrates with third-party services including Meta/Instagram, Google AI, and Resend. Your use of these integrations is subject to the respective third-party terms and policies. We are not responsible for third-party service availability or changes.

14. Modifications to Terms

We may modify these Terms at any time. We will notify you of material changes via email or through the Service. Continued use after changes constitutes acceptance of the modified Terms.

15. Governing Law

These Terms are governed by the laws of Queensland, Australia. Any disputes shall be resolved in the courts of Queensland, Australia.

16. Dispute Resolution

Before initiating legal proceedings, you agree to contact us to attempt informal resolution. We will work in good faith to resolve any issues within 30 days.

17. Severability

If any provision of these Terms is found unenforceable, the remaining provisions will continue in full force and effect.

18. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Mates Rates Service Pty Ltd regarding the Service.

19. Contact Information

For questions about these Terms:

Email: legal@sendkite.io
Company: Mates Rates Service Pty Ltd
Website: https://sendkite.io