Terms of Service

These Terms of Service (“Terms”) are a legal agreement between you (“you”, “Customer”) and Echospectra Technology Limited (“Echospectra”, “we”, “us”), which operates SendByte. By creating an account or using the SendByte API, dashboard, or website (the “Service”), you agree to these Terms. If you are agreeing on behalf of an organization, you confirm you have authority to bind it.

1. The Service

SendByte is a transactional email platform: an API, SDKs, dashboard, and supporting infrastructure for sending and tracking email. We may improve, change, or add to the Service over time. We will not make a material reduction in core functionality of a paid plan during a paid period without notice.

2. Accounts and API keys

You are responsible for your account, your API keys, and all activity under them. Keep your keys secret; treat a leaked key as compromised and rotate it. You must provide accurate information and keep it current. You must be able to form a binding contract and not be barred from receiving the Service under applicable law.

3. Acceptable use

Your use of the Service is subject to our Acceptable Use Policy, which prohibits spam, phishing, malware, and other abuse. Violations may result in suspension or termination. The Acceptable Use Policy is part of these Terms.

4. Your content and your recipients

You are solely responsible for the email you send and for having a lawful basis to contact your recipients. You confirm that you have the necessary consent or other legal basis to send your messages, that your sender identity is accurate, and that you comply with applicable anti-spam and data-protection laws. Where we process personal data of your recipients, we do so as your processor under the Data Processing Agreement.

5. Plans, billing, and payments

• Plans, quotas, and prices are published on our pricing page, in Nigerian Naira. Current plans are Free, Starter, Growth, Scale, and pay-as-you-go.
• Paid plans are billed in advance for each period through our payment provider (Paystack, with Flutterwave as backup). Usage above your plan quota is billed as overage at the rate for your plan; the Free plan does not include overage and sending pauses at the quota.
• You authorize us to charge your chosen payment method for all fees. Prices are fixed in Naira; we absorb currency fluctuation within a billing period.
• You can upgrade, downgrade, or cancel from the dashboard. Cancellation takes effect at the end of the current paid period. Fees already paid are non-refundable except where required by law.
• Pay-as-you-go balances are prepaid and do not expire; minimum top-up applies.

6. Service levels

Uptime commitments apply to paid plans as published (for example, 99.5% on Growth and 99.9% on Scale), measured monthly, with service credits as described in the applicable SLA. Sandbox mode and the Free plan are provided without an SLA.

7. Suspension and termination

We may suspend or terminate access if you breach these Terms or the Acceptable Use Policy, if your payment fails, if required by law, or to protect the Service, other customers, or recipients from harm (for example, an active abuse or security incident). Where practical and lawful we will give notice and an opportunity to cure. You may stop using the Service and close your account at any time.

8. Intellectual property

We own the Service, including its software, design system, and brand. You own your content. You grant us the limited rights needed to operate the Service and deliver your email. Feedback you give us may be used to improve the Service.

9. Disclaimers

The Service is provided “as is” and “as available”. We do not guarantee that every email will be delivered, accepted, or placed in the inbox, as final delivery depends on receiving mail systems outside our control. We disclaim implied warranties to the maximum extent permitted by law.

10. Limitation of liability

To the maximum extent permitted by law, neither party is liable for indirect, incidental, special, or consequential damages, or lost profits or data. Our total liability for any claim is limited to the fees you paid for the Service in the three months before the event giving rise to the claim. Nothing limits liability that cannot be limited by law.

11. Indemnification

You will indemnify us against claims arising from your content, your use of the Service in breach of these Terms, or your violation of law or third-party rights.

12. Governing law

These Terms are governed by the laws of the Federal Republic of Nigeria. The courts of Lagos State have jurisdiction, without prejudice to any mandatory consumer protections in your location.

13. Changes

We may update these Terms. Material changes will be communicated to account holders, and continued use after they take effect means you accept them.

14. Contact

Echospectra Technology Limited, Lagos, Nigeria. Questions: hello@sendbyte.africa. Legal notices: legal@sendbyte.africa.