Effective Date: March 5, 2026
Terms of Service
1. Definitions
In these Terms of Service ("Terms"), the following definitions apply:
- "SendGround," "we," "us," or "our" refers to SendGround and its affiliates.
- "Service" refers to the SendGround cloud-based last-mile logistics platform, including all web applications, mobile applications, APIs, integrations, and related services.
- "Customer," "you," or "your" refers to the individual or entity that registers for and uses the Service.
- "User" refers to any individual authorized by the Customer to access the Service, including administrators, dispatchers, and drivers.
- "Customer Data" refers to all data submitted, uploaded, or generated by the Customer or its Users through the Service, including delivery orders, routes, driver information, proof of delivery records, and billing data.
- "End Customer" refers to the recipients of deliveries managed through the Service.
2. Acceptance of Terms
By creating an account, accessing, or using the Service, you agree to be bound by these Terms. If you are entering into these Terms on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms. If you do not agree to these Terms, you may not use the Service.
3. Description of Service
SendGround provides a cloud-based logistics operations platform that includes, but is not limited to:
- AI-powered route optimization and planning
- Real-time fleet tracking and management
- Mobile driver application with proof of delivery capabilities
- Customer notification services via WhatsApp, SMS, and email
- Automated billing and rate engine
- Warehouse operations management
- AI-powered chatbot and customer support automation
- Analytics, reporting, and business intelligence
- API access and third-party integrations
- Automation workflows and business rules engine
Features and functionality may vary by subscription plan. SendGround reserves the right to modify, enhance, or discontinue features of the Service at any time with reasonable notice.
4. User Accounts
4.1 Registration
You must provide accurate, complete, and current information when creating an account. You are responsible for maintaining the accuracy of your account information.
4.2 Account Security
You are responsible for safeguarding the credentials used to access the Service and for all activities that occur under your account. You must immediately notify SendGround of any unauthorized use of your account or any other security breach.
4.3 User Management
The Customer is responsible for managing access to the Service for its Users, including assigning appropriate roles and permissions. The Customer is liable for the actions of all Users operating under its account.
5. Acceptable Use
You agree to use the Service only for lawful purposes and in accordance with these Terms. You agree not to:
- Use the Service in violation of any applicable law or regulation
- Transmit any material that is unlawful, harmful, threatening, defamatory, or otherwise objectionable
- Attempt to gain unauthorized access to any portion of the Service, other accounts, or any systems or networks connected to the Service
- Use the Service to transmit spam, unsolicited communications, or any form of bulk messaging not related to legitimate delivery operations
- Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Service
- Use the Service to develop a competing product or service
- Resell, sublicense, or share access to the Service without prior written authorization from SendGround
- Interfere with or disrupt the integrity or performance of the Service
- Use automated means (bots, scrapers) to access the Service outside of approved API integrations
6. Fees and Payments
6.1 Subscription Plans
The Service is offered under subscription plans with pricing based on order volume and selected features. Current pricing and plan details are available upon request or through our sales team.
6.2 Billing
Subscription fees are billed in advance on a recurring basis according to the billing cycle agreed upon at the time of subscription. Overage charges for orders exceeding plan limits are billed at the per-order rate specified in your plan.
6.3 Add-On Services
Certain services, including messaging volume (WhatsApp, SMS) and AI chatbot interactions, may be billed separately based on usage. Applicable rates will be communicated prior to activation.
6.4 Payment Terms
All fees are due upon receipt of invoice unless otherwise agreed in writing. Fees are stated in USD unless otherwise specified. All fees are non-refundable except as expressly stated in these Terms or required by applicable law.
6.5 Late Payments
SendGround reserves the right to suspend access to the Service for accounts with outstanding balances beyond the agreed payment terms. Reasonable efforts to notify the Customer will be made prior to suspension.
7. Intellectual Property
7.1 SendGround Ownership
The Service, including all software, algorithms, AI models, interfaces, documentation, and intellectual property therein, is and remains the exclusive property of SendGround. These Terms do not grant you any ownership rights in the Service.
7.2 Customer Data Ownership
The Customer retains all rights, title, and interest in its Customer Data. By using the Service, you grant SendGround a limited, non-exclusive license to use, process, and store Customer Data solely for the purpose of providing and improving the Service.
7.3 Feedback
If you provide suggestions, ideas, or feedback regarding the Service, SendGround may use such feedback without any obligation to compensate you.
8. Data Protection and Privacy
Our collection, use, and protection of personal data is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Service, you acknowledge and agree to the data practices described in the Privacy Policy.
9. Service Availability
9.1 Uptime
SendGround will use commercially reasonable efforts to maintain the availability of the Service. However, the Service may be subject to scheduled maintenance, updates, and occasional unplanned downtime.
9.2 No Guarantee
The Service is provided on an "as is" and "as available" basis. SendGround does not guarantee that the Service will be uninterrupted, error-free, or available at all times. We do not warrant that the results obtained from the use of the Service, including AI-generated predictions and optimizations, will be accurate or reliable.
10. Limitation of Liability
To the maximum extent permitted by applicable law:
- SendGround shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, revenue, data, business opportunities, or goodwill, arising out of or related to the use or inability to use the Service.
- SendGround's total aggregate liability for any claims arising out of or related to these Terms or the Service shall not exceed the total amount paid by the Customer to SendGround during the twelve (12) months immediately preceding the event giving rise to the claim.
- SendGround shall not be liable for any losses resulting from reliance on AI-generated predictions, route optimizations, estimated arrival times, or other automated outputs of the Service.
11. Indemnification
You agree to indemnify, defend, and hold harmless SendGround and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or related to: (a) your use of the Service; (b) your violation of these Terms; (c) your violation of any applicable law or regulation; or (d) any data or content submitted through your account.
12. Termination
12.1 Termination by Customer
You may cancel your subscription at any time by contacting our team. Cancellation takes effect at the end of the current billing period. No refunds will be issued for the remaining portion of a billing period.
12.2 Termination by SendGround
SendGround may suspend or terminate your access to the Service immediately if: (a) you breach these Terms; (b) your account has an outstanding balance beyond the agreed payment terms; (c) we are required to do so by law; or (d) we reasonably believe that your use of the Service poses a security risk or may cause harm to other users.
12.3 Effect of Termination
Upon termination, your right to access the Service ceases immediately. SendGround will retain Customer Data for a reasonable period (not exceeding 30 days) to allow data export, after which it may be permanently deleted. Provisions that by their nature should survive termination will remain in effect, including intellectual property, limitation of liability, indemnification, and governing law.
13. Force Majeure
SendGround shall not be liable for any failure or delay in performing its obligations under these Terms due to circumstances beyond its reasonable control, including but not limited to natural disasters, acts of government, internet or telecommunications failures, cyberattacks, pandemics, or third-party service outages.
14. Governing Law and Dispute Resolution
These Terms shall be governed by and construed in accordance with applicable law. Any disputes arising out of or relating to these Terms or the Service shall first be attempted to be resolved through good faith negotiation between the parties. If the dispute cannot be resolved through negotiation within thirty (30) days, either party may pursue resolution through binding arbitration or competent courts, as determined by applicable law.
15. Changes to These Terms
SendGround reserves the right to modify these Terms at any time. We will provide notice of material changes by posting the updated Terms on our website and updating the "Effective Date" above. Your continued use of the Service following any changes constitutes your acceptance of the revised Terms. If you do not agree to the modified Terms, you must stop using the Service.
16. General Provisions
- Entire Agreement: These Terms, together with the Privacy Policy, constitute the entire agreement between you and SendGround regarding the Service.
- Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions shall remain in full force and effect.
- Waiver: The failure of SendGround to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
- Assignment: You may not assign or transfer these Terms without the prior written consent of SendGround. SendGround may assign these Terms without restriction.
17. Contact Us
If you have questions about these Terms of Service, please contact us:
- Email:legal@sendground.com
- Website:www.sendground.com