Acceptance of Terms
By accessing or using SendApp Agent services, you agree to be bound by these Terms and Conditions. If you disagree with any part of these terms, you may not access our services.
Service Description
SendApp Agent is a cloud platform for messaging, customer support and business automation. You configure AI assistants using instructions and a knowledge base; this configuration does not train the underlying AI models.
Data Protection and Privacy
We prioritize the protection of your data:
- All user data is processed in accordance with our Privacy Policy
- For the personal data of your customers, contacts and website visitors you are the controller and we are your processor, under our Data Processing Agreement, which forms part of these terms.
- We implement industry-standard security measures to protect your information
- Data is stored securely and accessed only for service provision purposes
- We do not sell personal data. To provide the service, we use providers and the channels you connect, as described in the Privacy Policy and Data Processing Agreement. The complete sub-processor list is available on request.
AI Configuration and Usage
The behavior and responses of AI models depend on:
- The knowledge-base content and instructions provided by users
- The specific configuration set by the user
- The intended use case configured for the assistant
Payment Terms
Payment processing and terms:
- We accept payments through PayPal and Stripe
- The total price and applicable VAT treatment are shown before you confirm payment. Your invoice is issued using the billing details in your profile.
- Subscriptions renew automatically for the same period until you cancel. You can cancel at any time from your account, with effect from the end of the period already paid for.
- We may change our prices. A change never affects a period you have already paid for, and we tell you before it applies to your next renewal.
- Outside the withdrawal right described below, payments for a period already used are not refunded.
Right of withdrawal (consumers)
If you are buying as a consumer — outside any business, trade or profession — you normally have 14 days from the conclusion of the contract to withdraw without giving any reason. Any amount due for service already supplied depends on the conditions described below and on mandatory law.
To withdraw, send us an unambiguous statement to the contact address below, saying who you are and that you are withdrawing. A plain e-mail is enough; you do not have to use any particular form.
If you expressly request performance during the withdrawal period and the statutory information and consent requirements are met, a proportionate charge may apply to the service supplied before withdrawal. The right is lost after full performance only where the conditions required by law are met. Otherwise your statutory rights remain unaffected. Refunds due following withdrawal are made within 14 days of your notice, using the original payment method unless otherwise agreed at no cost to you.
The same statutory protections apply to prepaid message and AI credit. Unused credit is refunded where withdrawal or another legal remedy requires it. Any deduction for use during the withdrawal period must satisfy the statutory requirements; a charge to a third-party provider alone does not remove your rights.
If you are buying as a business, the right of withdrawal does not apply and the payment terms above govern on their own.
Message Credit and Consumption Pricing
For customers who use the internal message credit line, SendApp Agent may connect the customer's WhatsApp Business number to its own Meta configuration and pay Meta on the customer's behalf. In this case the following terms apply, in addition to the Payment Terms above:
- Message credit is a prepaid balance for messages sent through the platform. It is not a bank deposit and cannot be transferred or exchanged for cash, except for refunds required by law or expressly provided by these terms.
- Each message sent is charged against your credit at the applicable per-message rate for the destination country and message category (marketing, utility, authentication). The rate is based on Meta's own published net rate plus a fixed managed-service margin applied by SendApp Agent. The current per-message price, inclusive of that margin, is shown in the platform before sending.
- Meta publishes its prices net of VAT. VAT, where applicable, is added at the time you top up your credit, not per message. The current per-message prices are shown in the platform before sending.
- A message is charged when it is delivered, consistent with how Meta bills. A message that is accepted but not delivered is not charged; any amount reserved for it is released back to your balance.
- If your available credit does not cover a message, that message is not sent and is reported as failed. Sending resumes once you top up your balance.
- Unused message credit remains available while your account is active. Account closure does not remove any refund rights provided by law or by these terms.
- Subject to your statutory rights, credit consumed for delivered messages is not refunded solely because you later change your mind. Unused credit is refunded where required by law and for a verified duplicate or mistaken top-up reported promptly. These rules do not limit remedies for incorrect billing or a service that was not provided.
- Meta sets its own prices, message categories, limits and eligibility rules. A later restriction or block by Meta does not by itself entitle you to a refund for messages already delivered, without prejudice to statutory rights and remedies for incorrect billing.
- SendApp Agent acts only as a technical intermediary for message delivery. SendApp Agent is not responsible for Meta's decisions, including quality ratings, restrictions, blocks, price changes, or delivery failures attributable to Meta or to the recipient.
AI Credit and Generated Content
Customers who use AI image and video generation prepay a separate AI credit balance. This balance is distinct from message credit and cannot be transferred between the two. The following terms apply, in addition to the Payment Terms above:
- AI credit is a prepaid balance for generating images and videos through the platform. It is not a bank deposit and cannot be transferred or exchanged for cash, except for refunds required by law or expressly provided by these terms.
- Each generation is charged against your AI credit at the price shown in the platform before you confirm it. Video is priced per second of generated output, so the total depends on the duration you choose. Prices are set by SendApp Agent and may change at any time; the price shown at the moment of confirmation is the price charged.
- Credit is held when a generation starts and charged only when the file is delivered to your media library. If a generation fails, the held amount is returned to your balance and nothing is charged.
- VAT, where applicable, is added at the time you top up your AI credit, not per generation.
- Subject to statutory rights, credit consumed for a generation delivered as ordered is not refunded solely because of a subjective preference about the result. Unused credit is refundable where required by law and for a verified duplicate or mistaken top-up reported promptly. Remedies for incorrect billing, failed delivery or a service not supplied as agreed remain unaffected.
- Generated content is produced by third-party AI models. Results are probabilistic, may contain inaccuracies and are not guaranteed to be unique. These limitations do not exclude the refund rights or other legal remedies described above.
- You are solely responsible for the descriptions you submit and for how you use the generated content, including checking that it does not infringe third-party rights and that it complies with the rules of any channel you send it through, such as WhatsApp.
- You must not use generation to produce unlawful content, content depicting real people without their consent, or content that violates the terms of the underlying AI providers. Requests may be refused by the platform or by the provider; where a request is refused before generation, no credit is charged.
- SendApp Agent acts only as a technical intermediary between you and the AI providers. SendApp Agent does not review generated content and is not responsible for its accuracy, suitability, or for provider outages, price changes, or model changes.
- Generated files are stored in your media library and count towards your plan storage limit. If your storage is full, generation is refused before any credit is charged.
Account Termination
We reserve the right to terminate accounts for:
- Malicious use of our services
- Actions causing server or system disruption
- Violation of these terms or applicable laws
- Non-payment of fees
Limitation of Liability
SendApp Agent is not responsible for things that are not ours to control:
- What an AI model answers on the basis of the instructions and knowledge base you configured, and how you use its output
- Decisions, restrictions, blocks, quality ratings, price changes or delivery failures by Meta (WhatsApp Business Platform), Google or any other provider you connect
- Services you connect to the platform yourself, and anything their own terms allow them to do
- Whether you hold a lawful basis for contacting the people in your address book — that is your decision, on your data
- Outages or faults caused by circumstances beyond our reasonable control
For everything else we are liable under the ordinary rules. Nothing in these terms excludes or limits our liability for wilful misconduct or gross negligence, for death or personal injury, or any liability that the law does not allow to be excluded — including your statutory rights as a consumer, which these terms leave untouched.
Where our liability can lawfully be capped, it is capped at what you paid us for the service in the twelve months before the event. This cap does not apply to the cases listed in the previous paragraph.
Changes to Terms
Changes required by law, or that add a feature without affecting your rights or what you pay, may take effect sooner.
Governing law and disputes
These terms are governed by Italian law.
If you are a consumer, you can bring a claim before the court where you live, and nothing here takes away the protection of the law of the country you live in. If you are a business, the courts of our registered office have jurisdiction.
Before going to court you are welcome to write to us: most things are settled that way.
Contact Information
- Everysoft S.r.l.s.
- Registered office: Via San Giovanni Battista della Salle, 2 – 80136 Napoli (NA), Italia
- VAT number: 09856651212
- Company register: Registro delle Imprese di Napoli – REA NA-1063019
- Email: info@everysoft.me