TERMS OF USE
Last updated: December 26, 2025
INTRODUCTION
These Terms of Use govern the provision of transactional email sending and email marketing campaign software services called SENDKIT, by SENDKIT DESENVOLVIMENTO DE SOFTWARE LTDA, a company duly registered under CNPJ no. 64.221.507/0001-58, headquartered at Rua Pais Leme 215 - Conj 1713, Pinheiros, Sao Paulo/SP, hereinafter referred to simply as SENDKIT or PROVIDER.
We request that you carefully read these Terms of Use and the Privacy Policy before accessing or using any feature of our platform.
1. DEFINITIONS
For the purposes of this document, the following definitions apply:
1.1. USER: An individual or legal entity, of legal age and capacity, developer, marketing professional, or business administrator who contracts SENDKIT's services by registering and electronically accepting these Terms of Use.
1.2. SERVICES: Refers to the SENDKIT transactional email sending and email marketing campaign platform, provided through the online platform available at app.sendkit.dev and its features.
1.3. PLATFORM: The computerized email sending system (software), including sending API, contact management, email marketing campaigns, automations, and other features made available by SENDKIT.
1.4. PLANS: Subscription models for the Services offered by SENDKIT, as specified on the website.
1.5. CONTACT: An individual or legal entity whose email data and associated information are entered into the PLATFORM by the USER for the purpose of sending messages.
1.6. PERSONAL DATA: Information related to an identified or identifiable natural person, as defined by Law No. 13,709/2018 (General Data Protection Law - LGPD).
1.7. LGPD: Law No. 13,709/2018 - General Personal Data Protection Law and its subsequent amendments.
1.8. DATA SUBJECT: A natural person to whom the personal data being processed refers.
2. ACCEPTANCE OF THE TERMS OF USE
2.1. The use of the Services presupposes full and unconditional acceptance of these Terms of Use. By completing the registration and clicking the "I Accept the Terms of Use" button, the USER declares that they have read, understood, and agreed to all provisions set forth herein.
2.2. If the USER does not agree with any of the conditions set forth herein, they must immediately discontinue access to the PLATFORM and refrain from using the Services.
2.3. The USER acknowledges that they are subject to any policies, manuals, rules, or regulations currently in effect, and those that may be published subsequently, applicable to the Services.
2.4. These Terms of Use, together with the Privacy Policy available at sendkit.dev/privacy, constitute the entire agreement between the USER and SENDKIT.
3. DESCRIPTION OF SERVICES
3.1. SENDKIT consists of an online platform for sending transactional emails and email marketing campaigns, offering the following main features:
3.1.1. RESTful API for sending transactional emails;
3.1.2. Contact list management and segmentation;
3.1.3. Creation and sending of email marketing campaigns;
3.1.4. Email automations (workflows);
3.1.5. Metrics and analytics dashboard (opens, clicks, bounces, etc.);
3.1.6. Domain management and authentication (SPF, DKIM, DMARC);
3.1.7. Webhooks for email events;
3.1.8. Customizable email templates;
3.1.9. Other features according to the contracted plan.
3.2. SENDKIT is provided as a SaaS (Software as a Service) model, accessed exclusively through web browsers, APIs, or official libraries, without the need for local installation.
3.3. SENDKIT does not provide Internet access. It is the sole responsibility of the USER to provide, at their own expense, adequate equipment and a stable internet connection to access the Services.
3.3.1. For proper operation of the PLATFORM, a minimum internet connection speed of 5 Mbps is recommended. SENDKIT is not responsible for any issues arising from an inadequate connection.
3.4. SENDKIT performs automatic daily backups of all data stored on the PLATFORM, ensuring the security and possibility of information recovery.
3.5. Some Services may include links to pages, content, or third-party resources. SENDKIT has no control over such external resources and is not responsible for their content, availability, or privacy policies.
4. FREE TRIAL PERIOD
4.1. SENDKIT may offer a free trial period for new USERS, allowing access to the features of the chosen plan.
4.2. During the trial period, all Terms of Use established herein remain applicable.
4.3. At the end of the trial period, if the USER wishes to continue using the Services, they must choose one of the available plans and make payment according to the established conditions.
4.4. If the USER does not subscribe to a plan at the end of the trial period, their access to the PLATFORM will be automatically blocked.
5. PLANS AND PRICING
5.1. SENDKIT offers subscription plans as specified and priced on the website sendkit.dev.
5.2. Charges are based on the contracted plan (monthly or annual) and the volume of emails or contacts used, and include all applicable federal, state, and municipal taxes.
5.3. Payment must be made according to the billing cycle of the contracted plan, through the payment methods accepted by SENDKIT (credit card, bank slip, PIX, or others that may become available).
5.4. Plan prices will be adjusted annually, every 12 (twelve) months of the contract term, based on the accumulated variation of the National Broad Consumer Price Index (IPCA/IBGE), or, in its absence, the official index that replaces it.
5.5. SENDKIT reserves the right to change plan prices upon 30 (thirty) days prior notice to the USER.
5.6. SENDKIT may offer temporary promotions with special pricing conditions, which will be subject to specific terms and conditions.
6. REGISTRATION, LOGIN, AND PASSWORD
6.1. To use the Services, the USER must register on the PLATFORM, providing all requested information completely, accurately, and truthfully.
6.2. The USER is fully responsible for:
6.2.1. Keeping their registration information up to date at all times;
6.2.2. Maintaining absolute confidentiality of their login and access password;
6.2.3. Not sharing their access credentials with third parties;
6.2.4. Immediately notifying SENDKIT of any unauthorized use of their account.
6.3. The USER acknowledges that they are personally responsible for all activities carried out on their account, whether authorized or not.
6.4. If SENDKIT identifies incomplete, inaccurate, or untruthful registration information, it may request correction within a specified period. Failure to comply with the request may result in the account being blocked or canceled, without any liability to SENDKIT.
6.5. The USER agrees to immediately notify SENDKIT via email at suporte@sendkit.dev regarding:
6.5.1. Any unauthorized use of their account;
6.5.2. Any security breach they become aware of;
6.5.3. Loss or theft of access credentials.
6.6. The USER must log out at the end of each session on the PLATFORM, especially when using shared or public equipment.
6.7. A USER that is a legal entity may register multiple internal users (developers, marketing professionals, administrators) according to their contracted plan, and is responsible for all access and actions performed by such users.
7. USER OBLIGATIONS AND RESPONSIBILITIES
7.1. The USER declares and commits to:
7.1.1. Being at least 18 (eighteen) years old or being duly authorized by a legal guardian;
7.1.2. Using the Services exclusively for lawful purposes and in compliance with Brazilian legislation;
7.1.3. Not using the PLATFORM for illegal, fraudulent activities, or activities that violate the rights of third parties;
7.1.4. Not using the PLATFORM for sending spam, unsolicited messages, or content that violates applicable legislation;
7.1.5. Obtaining prior and explicit consent from recipients before sending email communications, as required by applicable legislation;
7.1.6. Ensuring the truthfulness and accuracy of information entered into the PLATFORM;
7.1.7. Obtaining and maintaining all licenses, authorizations, and consents necessary for processing contact data;
7.1.8. Fully complying with the LGPD regarding contact data entered into the PLATFORM;
7.1.9. Not reproducing, duplicating, copying, selling, reselling, or commercially exploiting the PLATFORM;
7.1.10. Not reverse engineering, decompiling, or disassembling any part of the software;
7.1.11. Not using the PLATFORM as a repository for remote file downloads by multiple users;
7.1.12. Not transmitting viruses, malware, or any malicious code through the PLATFORM;
7.1.13. Not violating the intellectual property rights of third parties;
7.1.14. Not accessing restricted areas of the PLATFORM or attempting to circumvent security measures;
7.1.15. Not interfering with or disrupting the operation of the PLATFORM or the servers that support it.
7.2. The USER is solely responsible for the content of emails sent and for the relationship with their contacts and recipients. SENDKIT is merely a sending tool and bears no responsibility for the content of messages sent.
7.3. The USER acknowledges that it is their responsibility to comply with all legal and regulatory requirements applicable to sending electronic communications, including but not limited to anti-spam legislation and the LGPD.
7.4. In the event of a breach of any obligation set forth in these Terms of Use, SENDKIT may, without prior notice:
7.4.1. Temporarily or permanently suspend the USER's access;
7.4.2. Remove inappropriate content entered by the USER;
7.4.3. Terminate the contract;
7.4.4. Take appropriate legal measures.
8. TERM AND TERMINATION
8.1. This contract takes effect on the date of the USER's electronic acceptance of the Terms of Use and remains in force for an indefinite period until terminated by either party.
8.2. The USER may cancel their account at any time through the PLATFORM's settings area or by requesting it from technical support via email at suporte@sendkit.dev.
8.2.1. Cancellation requested by the USER does not entitle a refund of amounts already paid, except in cases of improper charges duly proven.
8.2.2. After cancellation, access to the PLATFORM will be maintained until the end of the already paid period.
8.3. SENDKIT may terminate the contract and cancel the USER's access immediately and without prior notice in the following cases:
8.3.1. Violation of any provision of these Terms of Use;
8.3.2. Violation of current legislation or rights of third parties;
8.3.3. Inappropriate use of the PLATFORM that may harm SENDKIT's image;
8.3.4. Default on monthly payments;
8.3.5. Provision of false or fraudulent information;
8.3.6. Acts constituting bad faith;
8.3.7. Sending spam or unsolicited messages that violate applicable legislation or harm SENDKIT's reputation.
8.4. In the event of default, access to the PLATFORM will be automatically blocked, without prior notice.
8.4.1. Access will be restored upon payment regularization;
8.4.2. Default for a period exceeding 30 (thirty) days authorizes SENDKIT to terminate the contract and permanently delete the account and its data.
8.5. After termination of the contract for any reason:
8.5.1. The USER will have 60 (sixty) days to export all their data from the PLATFORM;
8.5.2. The export must be requested in writing to the email suporte@sendkit.dev by the account's legal representative;
8.5.3. Data will be provided in CSV or JSON format, subject to technical feasibility;
8.5.4. After the 60 (sixty) day period, SENDKIT may permanently delete all account data without any liability;
8.5.5. Data export may be subject to an administrative fee.
9. PAYMENT AND DEFAULT
9.1. The USER agrees to make payment according to the contracted plan and the established billing cycle.
9.2. The accepted payment methods are:
9.2.1. Credit card (recurring automatic charge);
9.2.2. Bank slip;
9.2.3. PIX;
9.2.4. Other methods that may become available.
9.3. In case of late payment:
9.3.1. Access to the PLATFORM will be automatically blocked;
9.3.2. Late interest of 1% (one percent) per month and a fine of 2% (two percent) on the amount due will be applied;
9.3.3. SENDKIT may register the debt with credit protection agencies (SPC, Serasa, etc.);
9.3.4. SENDKIT may take legal action for collection.
9.4. Default exceeding 30 (thirty) days authorizes SENDKIT to unilaterally terminate the contract, with permanent deletion of the account and data.
9.5. Payment by credit card implies authorization for recurring charges until the USER requests cancellation.
9.6. Any billing disputes must be made via email to financeiro@sendkit.dev within 30 (thirty) days after the due date.
10. INTELLECTUAL PROPERTY
10.1. All intellectual property rights over the PLATFORM, including software, source code, design, brand, logo, content, features, and documentation, are the exclusive property of SENDKIT or its licensors.
10.2. The USER receives only a limited, non-exclusive, non-transferable, and revocable license to use the PLATFORM, under the terms of these Terms of Use.
10.3. The USER is expressly prohibited from:
10.3.1. Copying, modifying, adapting, translating, or creating derivative works of the PLATFORM;
10.3.2. Reverse engineering, decompiling, or disassembling the software;
10.3.3. Sublicensing, selling, renting, assigning, or transferring the right to use the PLATFORM to third parties;
10.3.4. Removing, altering, or concealing copyright notices or trademarks;
10.3.5. Using the SENDKIT brand without prior written authorization.
10.4. The USER retains all rights over the data and content they enter into the PLATFORM (contact lists, email templates, campaign content, etc.), and is responsible for its legality and accuracy.
10.5. The USER grants SENDKIT a limited license to process, store, and transmit the entered data, exclusively for the purpose of providing the Services.
11. TECHNICAL SUPPORT
11.1. SENDKIT provides technical support to the USER through the following channels:
11.1.1. Email: suporte@sendkit.dev
11.1.2. Online chat (available on the PLATFORM)
11.1.3. Knowledge base and tutorials available at docs.sendkit.dev
11.2. Technical support hours are Monday through Friday, from 8:00 AM to 6:00 PM (Brasilia time), except national holidays.
11.3. Technical support includes:
11.3.1. Answering questions about the PLATFORM's operation;
11.3.2. Assistance with feature configuration;
11.3.3. Reporting and tracking technical issues;
11.3.4. Guidance on best practices for use.
11.4. Technical support does NOT include:
11.4.1. Consulting on email marketing strategies;
11.4.2. Personalized training (unless separately contracted);
11.4.3. Configuration of third-party equipment or software;
11.4.4. Recovery of data deleted by the USER themselves.
11.5. Technical support response time varies depending on the channel used and the complexity of the issue, with no specific time guarantee, except in cases of total service interruption.
12. AVAILABILITY AND MAINTENANCE
12.1. SENDKIT will use its best efforts to keep the PLATFORM available 24 (twenty-four) hours a day, 7 (seven) days a week.
12.2. There is no guarantee of uninterrupted availability. Temporary unavailability may occur due to:
12.2.1. Scheduled maintenance (with prior notice whenever possible);
12.2.2. System updates and security patches;
12.2.3. Failures in third-party services (internet providers, cloud services, etc.);
12.2.4. Force majeure events (natural disasters, cyberattacks, etc.).
12.3. SENDKIT is not responsible for unavailability caused by:
12.3.1. Problems with the USER's internet connection;
12.3.2. Inadequate or outdated USER equipment;
12.3.3. Incorrect firewall or antivirus configurations;
12.3.4. External factors beyond SENDKIT's control.
12.4. In case of unavailability, SENDKIT will work to restore the service as soon as possible, within its technical limitations.
12.5. Scheduled maintenance will, whenever possible, be performed during off-peak hours and communicated with a minimum of 24 (twenty-four) hours advance notice.
13. LIMITATION OF LIABILITY
13.1. The PLATFORM is provided "as is," without warranties of any kind, express or implied.
13.2. SENDKIT does not guarantee that:
13.2.1. The PLATFORM will meet all specific needs of the USER;
13.2.2. The PLATFORM will operate uninterruptedly or free of errors;
13.2.3. The results obtained from using the PLATFORM will be accurate or reliable;
13.2.4. Defects will be corrected within a specified timeframe.
13.3. SENDKIT is not responsible for:
13.3.1. Direct, indirect, incidental, special, or consequential damages arising from the use or inability to use the PLATFORM;
13.3.2. Data loss caused by the USER's own actions (accidental deletion, formatting, etc.);
13.3.3. Content of emails sent by the USER through the PLATFORM;
13.3.4. Losses arising from security breaches caused by USER negligence (password sharing, unauthorized access, etc.);
13.3.5. Lost profits, revenue loss, or other economic damages;
13.3.6. Content, information, or third-party services accessed through links on the PLATFORM;
13.3.7. Incompatibility with third-party software or hardware;
13.3.8. Improper use of the PLATFORM by the USER or third parties;
13.3.9. Violation of third-party rights resulting from content entered or sent by the USER;
13.3.10. Email delivery, open, or click rates, which depend on factors beyond SENDKIT's control.
13.4. Under no circumstances shall SENDKIT's total liability for any damages exceed the total amount paid by the USER in the 3 (three) months preceding the event that caused the damage.
13.5. The USER is solely responsible for:
13.5.1. Obtaining and maintaining the necessary consents for sending electronic communications to their contacts;
13.5.2. Complying with applicable legislation for sending commercial and transactional emails;
13.5.3. Ensuring the quality and legality of the content of emails sent;
13.5.4. Maintaining additional backups of critical data;
13.5.5. Protecting their access credentials and API keys to prevent unauthorized access.
14. DATA PROTECTION AND LGPD
14.1. SENDKIT is committed to the protection of personal data and full compliance with the General Data Protection Law (LGPD - Law No. 13,709/2018).
14.2. Detailed rules on the processing of personal data are set forth in SENDKIT's Privacy Policy, available at sendkit.dev/privacy, which is an integral part of these Terms of Use.
14.3. Regarding the USER's registration data (name, email, CPF/CNPJ, etc.):
14.3.1. SENDKIT acts as the Controller, as defined by the LGPD;
14.3.2. Data is processed for the purposes of registration, billing, technical support, and compliance with legal obligations;
14.3.3. The legal bases are: contract performance and compliance with legal obligations.
14.4. Regarding contact and recipient data entered by the USER into the PLATFORM:
14.4.1. The USER acts as the Controller, being responsible for obtaining consents and complying with the LGPD;
14.4.2. SENDKIT acts as the Processor, processing data exclusively according to the USER's instructions and for the purpose of providing the Services;
14.4.3. SENDKIT implements technical and organizational measures to protect data against unauthorized access, leaks, or security incidents;
14.4.4. SENDKIT will notify the USER in the event of a security incident that may affect contact data, as promptly as possible.
14.5. The USER must:
14.5.1. Maintain a communication channel with their contacts for the exercise of rights provided by the LGPD;
14.5.2. Obtain and document the necessary consents for sending electronic communications;
14.5.3. Respond to data subject requests (access, correction, deletion, portability, etc.);
14.5.4. Inform their contacts that their data is processed through the SENDKIT PLATFORM;
14.5.5. Not enter personal data into the PLATFORM without an adequate legal basis.
14.6. SENDKIT may assist the USER in responding to data subject requests, upon prior request and within technical capabilities.
14.7. Personal data is stored on cloud servers located in Brazil or in other countries that ensure an adequate level of data protection.
14.8. SENDKIT does not use contact data for its own purposes, such as marketing, analysis, or development of new products, without the USER's express authorization.
14.9. In the event of data sharing with third parties (e.g., payment processors, infrastructure services), SENDKIT ensures that such third parties are contractually obligated to protect the data and use it only for authorized purposes.
14.10. SENDKIT's Data Protection Officer (DPO) can be contacted via email at dpo@sendkit.dev.
15. CONFIDENTIALITY
15.1. The parties agree to maintain confidentiality regarding all confidential information to which they may have access as a result of this contract.
15.2. The following is considered confidential information:
15.2.1. Contact and recipient data;
15.2.2. Financial and commercial information;
15.2.3. Trade secrets and strategic information;
15.2.4. Source code and technical specifications of the PLATFORM (for the USER);
15.2.5. Any information designated as confidential by either party.
15.3. Confidentiality obligations do not apply to information that:
15.3.1. Is in the public domain at the time of disclosure;
15.3.2. Becomes public without violation of this contract;
15.3.3. Is legitimately obtained from third parties without confidentiality obligations;
15.3.4. Is required to be disclosed by law or court order.
15.4. In the event of a court order or determination by a competent authority, the party receiving the order must:
15.4.1. Immediately notify the other party (if legally permitted);
15.4.2. Cooperate to challenge or limit the scope of the order;
15.4.3. Disclose only the strictly necessary information.
15.5. Confidentiality obligations remain in effect even after the termination of this contract, for a period of 5 (five) years.
16. MODIFICATIONS TO THE TERMS OF USE
16.1. SENDKIT reserves the right to modify these Terms of Use at any time, at its sole discretion.
16.2. In the event of significant modifications, the USER will be notified through:
16.2.1. Registered email;
16.2.2. Prominent notice on the PLATFORM;
16.2.3. Publication on the website sendkit.dev.
16.3. Changes will take effect:
16.3.1. Immediately, for new USERS;
16.3.2. 30 (thirty) days after notification, for existing USERS.
16.4. If the USER does not agree with the modifications, they may cancel their account within 30 (thirty) days after notification, without any penalty.
16.5. Continued use of the PLATFORM after the 30 (thirty) day period implies tacit acceptance of the new conditions.
16.6. It is the USER's responsibility to periodically check the updated version of the Terms of Use, available at sendkit.dev/terms.
17. COMMUNICATIONS
17.1. All official communications between SENDKIT and the USER will be made through:
17.1.1. The email registered by the USER;
17.1.2. Notices within the PLATFORM itself;
17.1.3. Physical correspondence (in exceptional cases).
17.2. The USER agrees to keep their email address up to date and to check it regularly.
17.3. Communications sent to the registered email are considered effective, regardless of whether the USER actually reads them.
17.4. The USER authorizes receipt of communications from SENDKIT regarding:
17.4.1. Service information (updates, maintenance, etc.);
17.4.2. Billing and financial information;
17.4.3. Changes to the Terms of Use or Privacy Policy;
17.4.4. Marketing and promotional communications (which can be canceled at any time).
17.5. To cancel receipt of marketing communications, the USER may:
17.5.1. Click the unsubscribe link included in each email;
17.5.2. Change preferences in the PLATFORM's settings area;
17.5.3. Request via email at suporte@sendkit.dev.
18. ASSIGNMENT AND TRANSFER
18.1. The USER may not assign, transfer, or sublicense their rights and obligations under this contract to third parties without prior written authorization from SENDKIT.
18.2. SENDKIT may, at any time:
18.2.1. Assign or transfer this contract to affiliated, controlled, or controlling companies;
18.2.2. Subcontract the provision of services to third parties (e.g., cloud infrastructure, payment processing);
18.2.3. Transfer rights and obligations in the event of a merger, acquisition, or sale of assets.
18.3. Any attempt to assign or transfer in violation of this clause will be considered null and void.
19. GENERAL PROVISIONS
19.1. These Terms of Use constitute the entire agreement between the parties, superseding any prior agreements, verbal or written, on the same subject matter.
19.2. SENDKIT's tolerance or failure to exercise any right provided in these Terms of Use shall not constitute waiver or novation, and such right may be exercised at any time.
19.3. If any provision of these Terms of Use is deemed invalid or unenforceable, the remaining provisions shall remain in full force and effect.
19.4. The titles and headings of the clauses are for reference purposes only and do not affect the interpretation of the content.
19.5. These Terms of Use are governed by the laws of the Federative Republic of Brazil.
19.6. Any questions or inquiries about these Terms of Use should be sent to juridico@sendkit.dev.
20. THIRD-PARTY INTEGRATIONS
20.1. SENDKIT may make integrations with third-party services and platforms available, such as:
20.1.1. Email service providers (ESPs);
20.1.2. Online payment services;
20.1.3. CRM and marketing automation tools;
20.1.4. Other management systems and platforms via API.
20.2. The use of third-party integrations is subject to the specific terms and conditions of each third party.
20.3. SENDKIT has no control over third-party services and is not responsible for:
20.3.1. Availability or operation of third-party services;
20.3.2. Changes to APIs or discontinuation of integrations;
20.3.3. Privacy policies or practices of third parties;
20.3.4. Additional charges imposed by third parties.
20.4. The USER acknowledges and agrees that the use of third-party integrations is at their sole responsibility and risk.
21. ANTI-SPAM POLICY
21.1. SENDKIT has zero tolerance for spam. The USER commits to:
21.1.1. Sending emails only to recipients who have consented to receive their communications;
21.1.2. Including an unsubscribe mechanism in all marketing communications;
21.1.3. Processing unsubscribe requests within 48 (forty-eight) hours;
21.1.4. Not using email lists that are purchased, rented, or obtained without consent;
21.1.5. Keeping their contact lists up to date by removing invalid and inactive addresses.
21.2. SENDKIT reserves the right to immediately suspend or cancel the account of any USER who violates this anti-spam policy.
22. JURISDICTION
22.1. The parties elect the jurisdiction of the District of Sao Paulo, State of Sao Paulo, to resolve any disputes arising from these Terms of Use, waiving any other jurisdiction, however privileged it may be.
23. ELECTRONIC ACCEPTANCE
23.1. The USER declares that:
23.1.1. They have read these Terms of Use in full;
23.1.2. They have read the Privacy Policy in full;
23.1.3. They have understood all provisions set forth herein;
23.1.4. They freely and expressly agree to all terms and conditions;
23.1.5. They have the legal capacity to enter into this contract.
23.2. The electronic acceptance of these Terms of Use, performed by clicking the "I Accept the Terms of Use" button during registration, has the same legal validity as a handwritten signature, pursuant to Article 10, Paragraph 2, of Provisional Measure No. 2,200-2/2001.
CONTACTS
Technical Support: suporte@sendkit.devFinance: financeiro@sendkit.devLegal: juridico@sendkit.devData Protection Officer (DPO): dpo@sendkit.devWebsite: www.sendkit.devDocumentation: docs.sendkit.dev
SENDKIT - Transactional Email and Marketing Platform
Version 1.0 - December 2025