These Terms and Conditions (the Terms) are an agreement between Pettman Consulting Limited, trading as Sendlander (Sendlander, we, us, or our), and the person or organisation accepting them (Customer, you, or your). Pettman Consulting Limited is a New Zealand company (NZBN 9429048985062; company number 8158392).
1. Acceptance and authority
You accept these Terms when you create an account, use the service, or authorise someone to use it for your organisation. If you act for an organisation, you warrant that you have authority to bind it. The person accepting remains responsible if that authority is absent.
Sendlander is offered for business and trade use, not personal, domestic, or household use. To the maximum extent the law permits, and where it is fair and reasonable, the parties agree that the Consumer Guarantees Act 1993 does not apply. Rights that cannot lawfully be excluded remain unaffected.
2. The service and diagnostic limits
Sendlander provides email inbox-placement testing, sender diagnostics, monitoring, remediation workflows, sender connections, notifications, reporting, and related features. Features may be experimental, incomplete, changed, suspended, or discontinued. We may impose reasonable technical, credit, storage, or usage limits.
Results are observations and estimates based on selected seed inboxes, third-party providers, the message tested, and the conditions at that time. They are not a promise about every recipient, future campaign, mailbox provider, sender reputation, revenue, compliance, or business outcome. You must use your own judgement and, where appropriate, professional advice.
3. Accounts, teams, and security
You must provide accurate information, keep credentials and connected accounts secure, use appropriate access controls, and promptly tell us about suspected compromise. Your organisation is responsible for its members, administrators, API or OAuth connections, and all activity under its accounts. Accounts and access may not be sold, shared outside the authorised organisation, or used to bypass plan limits.
4. Connected services and customer instructions
You may connect Google, Microsoft, email infrastructure, notification, billing, or other third-party services. You instruct us to access and process those services only as needed to provide the features you choose. You warrant that you control or are authorised to use every connected mailbox, domain, sender, list, workspace, credential, and item of content.
Third-party services have their own terms and may change, reject, delay, restrict, revoke, or discontinue access without notice. We are not responsible for their availability, decisions, security, content, fees, or acts and omissions.
5. Customer data and privacy
You retain ownership of data and content you submit. You grant us and our subprocessors a worldwide, non-exclusive, limited licence to host, copy, transmit, analyse, display, modify, and otherwise process that data as necessary to provide, secure, support, bill for, and improve the service, comply with law, and enforce these Terms. You are responsible for notices, permissions, lawful bases, retention, and data-subject obligations relating to your data.
Our Privacy Policy, Data Processing Addendum, and Subprocessor List describe our handling of personal information.
6. Acceptable use
You must comply with our Acceptable Use Policy. You must not use Sendlander to send unsolicited or unlawful messages, conceal abuse, manipulate provider systems, overload seed inboxes, infringe rights, obtain unauthorised access, distribute harmful content, evade controls, or interfere with the service. We may investigate, limit, suspend, preserve evidence, or terminate access where we reasonably suspect abuse, risk, non-payment, legal exposure, or harm to Sendlander, providers, seed networks, or others.
7. Fees, credits, trials, and renewal
Prices are in USD unless stated otherwise and exclude taxes unless checkout says otherwise. Current prices and included credits are shown on the Pricing page or at checkout. A test or other metered action may consume credits even where the result is delayed, partial, inconclusive, or affected by a third party, provided we performed material processing.
Subscriptions renew automatically for the period shown at checkout until cancelled. A free trial converts to the selected paid plan when it ends unless cancelled first. You authorise our payment provider to charge recurring fees, usage, taxes, and authorised top-ups. Failed payment may suspend features or the account. Unless law requires otherwise or we expressly agree in writing, fees and consumed or expired credits are non-refundable and have no cash value.
You may cancel from the billing area. Cancellation normally takes effect at the end of the paid period; it does not reverse charges already incurred. We may change prices or plan contents prospectively on reasonable notice. See Billing help for operational details.
8. Availability, changes, and beta features
We do not promise uninterrupted, error-free, secure, or permanently available service or any service level unless a separate signed agreement expressly says so. Maintenance, incidents, provider changes, legal requirements, capacity constraints, and security response may affect availability. Beta, preview, and experimental features may be changed or withdrawn at any time and should not be relied on for critical operations.
9. Intellectual property and feedback
We and our licensors own Sendlander, including its software, models, scoring logic, reports and layouts, documentation, branding, and improvements. These Terms grant only a limited, revocable, non-transferable right to use the service during the agreement. You must not copy, resell, sublicense, reverse engineer, circumvent, or create a competing dataset or service from Sendlander except where law prevents that restriction.
You may give feedback. You grant us an irrevocable, worldwide, royalty-free right to use it without restriction or obligation.
10. Confidentiality
Each party must protect the other party’s non-public confidential information using reasonable care and use it only for this agreement. This does not cover information already lawfully known, independently developed, public without breach, or lawfully received from another source. A party may disclose information where required by law after giving notice where legally permitted.
11. Disclaimers
To the maximum extent permitted by law, Sendlander is supplied “as is” and “as available”. We exclude every representation, condition, guarantee, and warranty, express, implied, statutory, or otherwise, including accuracy, completeness, availability, security, merchantability, fitness for purpose, title, non-infringement, and that use will produce any deliverability, reputation, revenue, compliance, or campaign result.
No report, score, recommendation, guide, support response, or communication is legal, regulatory, security, tax, or professional advice. Email and mailbox-provider behaviour is probabilistic and controlled by third parties.
12. Liability limitation
To the maximum extent permitted by law, neither Pettman Consulting Limited nor its directors, officers, employees, contractors, affiliates, licensors, agents, or providers is liable for any indirect, consequential, incidental, special, exemplary, or punitive loss; lost profits, revenue, savings, opportunity, goodwill, reputation, data, or use; business interruption; failed or blocked campaigns; sender or domain damage; regulatory consequences; or the cost of replacement services, whether in contract, tort (including negligence), equity, statute, or otherwise.
Our total aggregate liability arising from or connected with Sendlander is limited to the greater of: (a) the fees actually paid by you to us for Sendlander in the three months immediately before the first event giving rise to the claim; or (b) NZD 100 if you used only a free service. This cap applies collectively to all claims and events. Nothing excludes liability that cannot legally be excluded.
13. Indemnity
You indemnify and hold harmless Pettman Consulting Limited and its protected persons against claims, investigations, penalties, losses, liabilities, costs, and reasonable legal fees arising from your content, lists, messages, domains, senders, connected services, breach of these Terms, violation of law or third-party rights, unauthorised access, spam or abuse, or instructions we follow on your behalf. This does not apply to the extent finally determined to have been caused solely by our fraud or wilful misconduct.
14. Suspension, termination, and data
You may stop using the service or close your account subject to outstanding charges and technical or legal retention. We may suspend or terminate immediately for serious breach, abuse, security risk, insolvency, non-payment, legal requirement, provider harm, or conduct likely to damage Sendlander or others. We may otherwise discontinue a paid service on reasonable notice.
On termination, your right to use the service ends. Terms that by their nature should survive do survive, including payment, ownership, confidentiality, disclaimers, liability limits, indemnity, and dispute terms. You should export required data before closure. We may retain or delete data as described in the Privacy Policy or as law and legitimate fraud, billing, security, and dispute needs require.
15. General
Neither party is liable for delay caused by events beyond its reasonable control. You may not assign this agreement without our written consent; we may assign it as part of a restructuring, financing, or transfer of the service or business. These Terms, the policies they incorporate, and any signed order form are the entire agreement. If a provision is unenforceable, it is modified to the minimum extent needed and the remainder continues. A waiver must be in writing. There is no partnership, agency, employment, or fiduciary relationship.
We may give notices electronically. We may update these Terms prospectively. If a change materially affects existing use, we will provide notice in the service or by email and may require acceptance. Continued use after the effective date constitutes acceptance where permitted.
New Zealand law governs these Terms, without regard to conflict-of-law rules. The New Zealand courts have exclusive jurisdiction, except that we may seek urgent or protective relief in any competent jurisdiction.
16. Contact
Pettman Consulting Limited, trading as Sendlander
12A Upoko Road, Hataitai, Wellington, New Zealand
NZBN 9429048985062 · Company number 8158392
legal@sendlander.com