Terms of Service

Sendix (“Sendix”, “we”, “us”) is an email delivery service run by an independent developer in Türkiye. These Terms of Service (“Terms”) govern your access to and use of sendix.dev, the Sendix dashboard, the HTTP API, the SMTP relay, inbound mail processing, webhooks and any related documentation (together, the “Service”).

Service

Sendix

Legal status

Individual developer (not a registered company)

Address

Available on request at [email protected]

Email

[email protected]

Web

sendix.dev

Country

Türkiye

You accept these Terms by ticking the acceptance box when you create an account, when we ask you to accept an updated version, or by using the Service. If you accept on behalf of a company or other organisation, you confirm that you are authorised to bind it, and “you” means that organisation.

The following documents form part of these Terms: the Acceptable Use Policy, the Data Processing Agreement and the Refund Policy. How we handle personal data about you is explained in the Privacy Policy and the KVKK Privacy Notice. When you buy a paid plan, the Pre-Contractual Information Form and the Distance Sales Agreement also apply to that purchase.

• Account: the account you register to use the Service, including any workspaces you own or belong to.
• Customer Data: all data you or your users submit to the Service, including message content, attachments, templates, recipient addresses, contact lists, audience properties and inbound mail addressed to your domains.
• Recipient: any person to whom you send, or who sends to you, email through the Service.
• Plan: the Free, paid or custom plan that sets your limits and features, as described on the pricing page.
• Billing Period: the month or year that a plan payment covers.
• Consumer: a natural person acting for purposes outside their trade, business, craft or profession, as defined in Turkish Law No. 6502 on Consumer Protection.

You must be at least 18 years old and able to enter into a binding contract. The Service is designed for businesses, developers and other professionals who send email from their own applications. If you nevertheless use it as a Consumer, the mandatory rules of consumer law apply to you in addition to, and where they conflict instead of, these Terms.

You may not use the Service if you are subject to sanctions described in section 20, or if we have previously terminated your Account for breach of these Terms.

You must give accurate registration details and keep them up to date. You are responsible for all activity under your Account, including activity by team members you invite and by anyone who uses your API keys or SMTP credentials.

Keep your password, API keys and SMTP credentials confidential. We strongly recommend enabling two-factor authentication. Tell us immediately at [email protected] if you believe your Account or credentials have been compromised; you remain responsible for sending that happens before you revoke the affected credentials.

Each person or organisation may hold one Free plan Account. Creating additional Accounts to get around plan limits, suspensions or abuse controls is not allowed.

Sendix lets you send transactional and permission-based email through an API or SMTP, receive email for verified domains, manage templates, audiences, suppressions and webhooks, and inspect delivery events. The features included in each Plan and its limits are shown on the pricing page and in your dashboard.

Email delivery depends on systems we do not control, such as recipients’ mailbox providers, spam filters and DNS. We work to deliver your messages but we do not guarantee that any message will be accepted, delivered or placed in an inbox, or delivered within a particular time.

We improve the Service continuously. We may add, change or remove features. If we remove a feature that is material to a paid Plan you have already paid for, we will tell you in advance and, if you ask within 30 days, refund the unused part of the current Billing Period.

Features marked “beta”, “preview” or similar are offered for evaluation, may change or be withdrawn at any time and are provided without any commitment regarding availability.

You must use the Service in line with these Terms, the Acceptable Use Policy and all laws that apply to you and to your Recipients. In particular you must:

• send email only from domains you own or are authorised to use, and complete the domain verification we require;
• have a valid legal basis, such as consent or an existing customer relationship, for every message and every Recipient;
• for commercial electronic messages to Recipients in Türkiye, comply with Law No. 6563 on the Regulation of Electronic Commerce and its regulation, including registering with the Message Management System (İYS) and checking recipient approvals there where required;
• comply with other anti-spam and privacy laws that apply to your sending, for example the GDPR and ePrivacy rules in the EU, CAN-SPAM in the United States and CASL in Canada;
• honour unsubscribe requests and complaints promptly and never re-add suppressed Recipients without fresh consent;
• give Recipients the information that privacy law requires you, as controller, to give them.

You may not resell the Service or provide it to third parties as a stand-alone email service, except through features we offer for that purpose (such as Managed Customers) and in line with their documentation.

You keep all rights in your Customer Data. You grant us a worldwide, non-exclusive licence to host, copy, transmit, process and display Customer Data only as needed to provide, secure and support the Service, to comply with law and to enforce these Terms.

For personal data contained in Customer Data you are the controller and we act as your processor. The Data Processing Agreement governs that processing and forms part of these Terms.

You confirm that you have the rights and legal bases needed for us to process Customer Data under these Terms, and that Customer Data does not infringe anyone’s rights or break any law.

We may use anonymised, aggregated statistics derived from the operation of the Service (for example overall bounce rates per mailbox provider) to run and improve it. These statistics do not identify you or any Recipient.

Customer Data is kept for the retention period of your Plan and deleted as described in the Privacy Policy. You can export your data from the dashboard where your Plan includes export, and you can delete your Account at any time.

Plan prices are shown on the pricing page and again on the checkout page before you pay. Prices are in US dollars unless the checkout page shows another currency. Applicable taxes, such as VAT, are shown on the checkout page; where a price is displayed without tax, the tax is added before you confirm the payment.

Payments are processed by the third-party payment institutions shown at checkout (for example card processors or crypto payment gateways). We do not receive or store your full card details. Your use of a payment provider may also be subject to its own terms.

Paid Plans are paid in advance for one Billing Period at a time. Your payment is not renewed automatically. Shortly after a Billing Period ends without a new payment, your Account returns to the Free plan limits. The only exception is a trial that you start with a payment method and whose offer states, before you start it, that it converts to a paid Plan; see section 9.

If you move to a higher Plan during a Billing Period, the new Plan starts when the payment for it is confirmed. Unused time on the previous Plan is not credited unless the checkout page says otherwise.

We may change Plan prices for future Billing Periods. Changes never affect a Billing Period you have already paid for.

Payment receipts are sent by email and shown in your dashboard. Contact [email protected] with billing questions.

We may offer free trials of paid Plans. The trial offer states its length, the Plan, whether a payment method is required and whether the trial converts to a paid Plan when it ends.

If a trial converts, we will charge the stated price at the end of the trial unless you cancel before it ends. You can cancel in the dashboard at any time during the trial. If a trial does not convert, your Account returns to the Free plan when it ends. Each person or organisation may use a trial only once.

You can cancel a paid Plan or trial in the dashboard at any time. Cancellation stops any further charge; the Plan stays active until the end of the Billing Period you have paid for.

Refunds are handled under the Refund Policy, which is part of these Terms.

If you are a Consumer, you have the right of withdrawal described in the Distance Sales Agreement. Because the Service is performed electronically and immediately, the right of withdrawal ends once performance starts with your express consent, as permitted by Article 15(1)(ğ) of the Turkish Regulation on Distance Contracts. You give that consent at checkout. The voluntary refund in the Refund Policy still applies.

We may throttle, pause or suspend all or part of the Service for your Account, without prior notice where necessary, if:

• we reasonably believe you have breached these Terms or the Acceptable Use Policy;
• your sending shows bounce, complaint or spam-trap rates that threaten Recipients, deliverability for other customers or the reputation of our infrastructure;
• your Account or credentials appear to be compromised;
• we are required to do so by law, by a court or by a competent authority; or
• an amount due to us is unpaid.

We will tell you the reason, unless the law prohibits it or doing so would compromise an investigation, and we will restore access once the cause is resolved. Suspension does not relieve you of payment obligations that already exist.

These Terms apply from the moment you accept them until your Account is deleted.

You can stop using the Service and delete your Account at any time in the dashboard. Deleting the Account permanently erases Customer Data as described in the Privacy Policy; export anything you want to keep first.

We may end these Terms for convenience with at least 30 days’ notice by email; in that case we refund the unused part of any prepaid Billing Period. We may end these Terms immediately if you materially or repeatedly breach them or the Acceptable Use Policy, if required by law, or if we stop providing the Service.

Unless the termination is for abuse or the law prevents it, you will have at least 14 days after our notice to export your data before we delete the Account.

Sections that by their nature should survive termination (including 7, 8 for amounts already due, 14 to 18 and 23) survive.

We aim to keep the Service available at all times and publish measured availability on our status page. Unless we have signed a written service level agreement with you, no uptime or response-time commitment applies, and figures on our website or status page are historical measurements, not promises.

We may carry out maintenance that briefly affects the Service. Where we can, we schedule it at quiet times and announce longer work in advance.

Support is provided by email at [email protected]. Response times depend on your Plan and are targets, not guarantees.

The Service, including its software, design, documentation and the Sendix name and logo, belongs to us or our licensors and is protected by intellectual property laws. Subject to these Terms, we grant you a limited, non-exclusive, non-transferable right to use the Service during the term.

You may not copy, modify, reverse engineer or decompile the Service except as mandatory law allows, circumvent technical limits, or use the Service to build a competing product.

If you give us feedback or suggestions, we may use them without restriction or payment. We will not name you or use your logo as a customer reference without your permission.

Each party will keep the other’s non-public information that it receives in connection with the Service confidential, use it only to perform these Terms and protect it with at least reasonable care. This does not apply to information that is or becomes public without breach, was already known, is independently developed or is lawfully received from a third party. A party may disclose confidential information where required by law, after notifying the other party where legally permitted.

We will provide the Service with reasonable skill and care. Apart from that and any rights that cannot be excluded by law, the Service is provided “as is” and “as available”. To the extent permitted by law we exclude all other warranties, including warranties of merchantability, fitness for a particular purpose, uninterrupted or error-free operation and inbox placement.

To the extent permitted by law, neither party is liable for indirect or consequential loss, loss of profit, revenue, goodwill or data (except our obligations regarding data security and deletion), arising out of or in connection with the Service, however caused.

To the extent permitted by law, each party’s total liability arising out of or in connection with these Terms in any 12-month period is limited to the fees you paid for the Service in the 12 months before the event giving rise to the claim, or USD 100 if you have paid nothing.

These limits do not apply to liability that cannot be limited by law, including liability for intentional misconduct or gross negligence (Article 115 of the Turkish Code of Obligations), for death or personal injury, to your payment obligations, to your obligations under section 18, or to rights that Consumers have under mandatory consumer law.

You will indemnify us against third-party claims, fines and reasonable costs (including legal fees) arising from Customer Data, from messages sent through your Account, or from your breach of these Terms, the Acceptable Use Policy or applicable law. We will tell you promptly about any such claim and let you control its defence, provided you do not settle it in a way that admits fault on our behalf without our consent. This section does not apply to Consumers to the extent mandatory consumer law prohibits it.

The Service can connect to services run by others, for example DNS providers such as Cloudflare, sign-in with Google or GitHub, and payment providers. Your use of those services is governed by their terms, and we are not responsible for them. The providers we use to run the Service are listed on the sub-processors page.

You may not use the Service if you are, or are owned or controlled by, a person on a sanctions list maintained by Türkiye, the United Nations, the European Union, the United Kingdom or the United States, or if you are located in a country subject to comprehensive sanctions, and you may not use it to send messages in breach of such sanctions.

We may update these Terms, for example to reflect changes in the Service or the law. For material changes we will email the Account owner at least 30 days before the change takes effect and ask you to accept the new version in the dashboard. Changes required by law or made for security reasons may take effect sooner.

If you do not agree to a change, you can stop using the Service and delete your Account before it takes effect; if the change is materially to your disadvantage we will refund the unused part of any prepaid Billing Period. Earlier versions are available on request at [email protected].

We send notices to the email address of your Account owner or show them in the dashboard. You can send notices to us at [email protected]. You agree that electronic communications satisfy any requirement for written form to the extent the law allows.

Service messages about your Account, security, billing or legal changes are not commercial messages, and you cannot opt out of them while you have an Account.

These Terms are governed by the laws of the Republic of Türkiye, excluding its conflict-of-laws rules and the UN Convention on Contracts for the International Sale of Goods.

Disputes are subject to the exclusive jurisdiction of the Istanbul (Çağlayan) Courts and Enforcement Offices. If you are a Consumer, you may instead apply to the Consumer Arbitration Committee or Consumer Court at your place of residence or where the transaction was made, within the monetary limits published each year by the Ministry of Trade.

Between merchants, our electronic records, server logs and database records constitute evidence within the meaning of Article 193 of the Turkish Code of Civil Procedure; this does not prevent you from proving otherwise.

Before starting proceedings, please write to [email protected]. Most issues can be resolved quickly that way.

• Entire agreement. These Terms and the documents they refer to are the entire agreement between you and us about the Service. A separate written agreement signed by both parties prevails over them to the extent it says so.
• Severability. If any provision is found invalid, the rest remains in force and the invalid provision is replaced by a valid one that comes closest to its purpose.
• Assignment. You may not transfer these Terms without our written consent. We may transfer them to a successor of our business, and we will tell you if we do.
• Force majeure. Neither party is liable for delay or failure caused by events beyond its reasonable control, such as natural disasters, war, epidemics, actions of authorities, or failures of networks or mailbox providers not caused by that party.
• No waiver. Not enforcing a right is not a waiver of it.
• Language. These Terms are available in English and Turkish. If the versions conflict, the Turkish version prevails for Consumers resident in Türkiye and the English version prevails otherwise.

Legal questions: [email protected]. Privacy: [email protected]. Abuse reports: [email protected]. Security: [email protected]. Billing: [email protected].