SendApp Privacy Policy
Sendapp collects some Personal Data from its Users.
Personal data collected for the following purposes and using the following services:
Contact the User
Mailing list or newsletter
Personal Data: email address; name; telephone number
Managing contacts and sending messages
E-mail
Personal Data: Cookies; Usage Data; email address
SMS
Personal Data: Cookies; Usage Data; phone number
Activity data management
Activity data tracked by your device
Personal Data: general activity data
Heat mapping and session recording
Smartlook
Personal Data: Cookies; Usage Data; various types of Data as specified in the privacy policy of the service
Interaction with social networks and external platforms
Facebook Like button and social widgets, Twitter Tweet button and social widgets, and Google+ +1 button and social widgets
Personal Data: Cookies; Usage Data
Statistics
Google Analytics with anonymized IP, Google Analytics, Google Tag Manager and MixPanel
Personal Data: Cookies; Usage Data
Facebook Analytics for Apps
Personal Data: Usage Data; various types of Data as specified in the privacy policy of the service
Further information on Personal Data
WhatsApp
By downloading the software demo, purchasing it, or clicking the WhatsApp button, you will be redirected to a private conversation with our WhatsApp account. By continuing to chat, you accept the Privacy Policy and authorize the processing of your personal data in accordance with the European General Data Protection Regulation (GDPR) 679/2016 and the applicable Italian legislation.
Sharing and Disclosure of Google User Data
SendApp does not sell, share, or transfer personal data of users to third parties except in the following cases:
With authorized service providers who assist us with our business (such as hosting providers, technical support, marketing services, and data analysis). These providers are subject to strict confidentiality agreements.
To comply with legal obligations, respond to legal requests, protect the rights and safety of our users, and detect and prevent fraud or technical problems.
Google User Data Retention and Deletion
SendApp retains Google users' personal data only for as long as necessary to provide the requested services. User data is deleted upon user request or after a period of inactivity of 2 years.
SendApp adopts appropriate technical measures to ensure the secure deletion and de-identification of personal data no longer needed.
OAuth Scopes
The scopes used by SendApp to access Google data are carefully listed and described in our OAuth consent interface and match exactly those specified in our Google Cloud Console configuration.
SendApp
Sendapp.cloud is the developer and owner of the exclusive right to use the SendApp digital publishing platform (“Company” and “Platform”), which allows the distribution of digital content to end customers via messaging platforms (such as WhatsApp).
SendApp is not affiliated with WhatsApp (WhatsApp Inc., 650 Castro Street, Suite 120-219, Mountain View, California, 94041, USA) or any other messaging platform operating company.
There are no specific contractual relationships between SendApp and the messaging platforms relating to the provision of services by SendApp to its customers.
SendApp requires the services of messaging platforms to deliver its services to customers.
Therefore, changes by these messaging platforms may affect SendApp's services. SendApp has no influence on the provision of services by messaging platforms or their technical configuration.
This means that a situation may arise where SendApp is only able to provide its services to its customers to a limited extent or not at all. In such circumstances, SendApp has an exceptional right of withdrawal.
SendApp is a STAND ALONE software for Win and MAC. All data will be stored exclusively on the computer you are using without ever being transmitted to or accessible from our (and/or third party) servers or other online systems. SendApp therefore has no access and/or responsibility of any kind for your data.
1. RANGE OF APPLICATION; NOT FOR INDIVIDUAL USE
1.1 These general terms and conditions (“Terms and Conditions”) apply to all agreements entered into between SendApp and its customers (“Customers”) regarding the use of the Platform (“User Agreement”).
1.2 The application of a customer's terms and conditions is excluded. Deviating, conflicting, or complementary terms and conditions will be incorporated into the contract only if expressly approved in writing by SendApp. This approval requirement applies in every case, including, for example, when SendApp, in full knowledge of the customer's terms and conditions, unconditionally accepts payment from that customer.
1.3 SendApp makes this platform available only to customers who are not individual consumers, subject to these terms and conditions. Use of the platform is therefore not permitted if a customer is neither a commercial nor a self-employed professional activity.
1.4 The agreed scope of use of the platform, including any agreed additional services, the start of the duration of ongoing activities, payment, and any other applicable services, will be established through the booking of a self-service offer via our website or via a separate order form concluded with the customer for each publication.
1.5 To the extent that any provision of the order form conflicts with any particular provision of these terms and conditions, the provision of the order form shall take precedence.
2. PLATFORM FEATURES
2.1 The Client is able to configure and manage digital multimedia content (“Media Content”) for use on smartphones and tablets (together: “Devices”) via the Platform.
2.2 The customer is able to digitally distribute existing multimedia content as individual messages to end clients.
2.3 SendApp provides the platform to the customer as technical infrastructure. SendApp does not provide its own content.
2.4 SendApp provides the platform on the SendApp server for use at the data processing service center's access point ("service transit station"). To use the platform, the customer must have their own Internet access and therefore access the service connection.
2.5 The platform is available 99% of the time. Availability refers, in relation to the unlimited duration of the contract, to the ratio between the period in which the customer was able to access the platform with an existing internet connection (including the period in which access was unavailable due to scheduled maintenance work or incidents over which SendApp has no control) and the duration of the entire first year of the contract.
2.6 SendApp uses the services of messaging platforms such as WhatsApp but has no influence on their technical and contractual configuration or the scope of the services provided by these messaging platforms. Messaging platforms may change or even terminate their services at any time, which may therefore impede SendApp's operations.
2.7 The parties agree that service restrictions caused by changes to some messaging platforms may result in SendApp modifying or terminating the services. SendApp has the exceptional right to terminate the service in this particular case. Upon termination, SendApp will be released from its contractual obligations to the customer.
2.8 Corresponding communication with recipients is the customer's responsibility, not SendApp's. This also applies to other messaging platforms.
2.9 All other features and system requirements of the platform result from the service specifications or the current state of the self-service interface valid at the time of entering into the contract or order.
3. RIGHT TO USE THE PLATFORM
3.1 SendApp grants its customers an unlimited, non-exclusive, and non-transferable geographic right to use the platform exclusively for the purpose of the respective user agreement. The right of use expires upon expiration of the agreement.
3.2 The Customer is not authorized to (i) rent, lease, lend, reproduce, resell the Platform or access thereto, or distribute or otherwise transmit it via the Internet or any other public or private data network; (ii) use the Platform to develop other businesses; (iii) activate and use the features of the Platform for which the Customer has not obtained the rights to use; (iv) transfer to third parties the right to use the Platform or allow third parties to access the Platform; (v) modify, translate, duplicate, decompile, or research the functions of the source code of the Platform;
4. SUPPORT SERVICES
4.1 SendApp provides some support services to its customers free of charge.
4.2 Other support services requested by the customer will be invoiced by SendApp to the customer based on time and materials. These include specific consulting and technical services. The customer will be informed and their written consent obtained before such costs are incurred.
5. REFUND
5.1 Payment for services is based on SendApp's currently valid prices and order forms. SendApp accepts payment details, which appear in the individual customer's SendApp account.
5.2 SendApp may change its prices at any time with the next contract extension. The price increase will be effective for the next contract extension.
5.3 Invoicing will be electronically processed, unless otherwise specified. The invoice will be sent to the customer via SendApp.
5.4 Payments must be made in advance.
5.5 All agreed payments are net amounts and VAT, if applicable, will be added at the legal rate.
5.6 A counterclaim by the customer or the withholding of advance payments due to such claims is valid only to the extent that the counterclaims are undisputed or established as final and absolute.
5.7 The customer's legal claims remain unaffected if asserted after the 4-week period has expired.
5.8 The application of the right of retention and the right to refuse performance remain reserved.
5.9 We assume no responsibility for any incompatibilities or problems caused by the free WordPress plugin provided with Sendapp.
Refunds are not available for digital products purchased.
Before proceeding with the purchase, you can download the Demo versions to carry out evaluation tests.
6. CUSTOMER'S OBLIGATION TO COLLABORATE; LICENSE; THIRD PARTY RIGHTS
6.1 The customer grants SendApp the non-exclusive, non-permanent, and geographically limited right to duplicate, modify, transmit, and, if applicable, any other use of the multimedia content only to the extent necessary to fulfill SendApp's contractual obligations.
6.2 The customer agrees to be mentioned as a reference customer by SendApp.
6.3 The customer guarantees (i) that he/she owns all rights relating to the multimedia content in order to grant SendApp the rights specified above, (ii) that the customer has the right to freely dispose of the multimedia content and (iii) that the multimedia content is not encumbered by third party rights.
6.4 The customer undertakes that while using the platform he/she does not save to SendApp's servers and/or request SendApp to save illegal content or content that violates the law or licensing requirements and orders, in particular content that advocates violence, is unconstitutional or pornographic.
6.5 Notwithstanding any other rights, the Customer shall indemnify SendApp against any liability to any third party, including reasonable legal fees, if the Customer breaches the warranties and undertakings set forth in this Clause 6., provided that SendApp shall inform the Customer of any such third party claim.
6.6 SendApp also has the right to delete content that does not comply with clauses 6.1, 6.3 or 6.4 if the customer refuses to delete them even after being requested to do so.
6.7 The customer acknowledges that SendApp does not generate a separate backup copy of the media content and will delete the media content in accordance with clause 6.5 and, after the expiration of the contract term, in accordance with clause 10.6. The customer is responsible for independently creating backup copies of the media content.
7. WARRANTY
7.1 Regarding defects in the platform, the Italian Civil Code generally applies. Liability, regardless of negligence or fault, is excluded for initial defects. Liability for SendApp's fault is not excluded. In establishing liability, the customer acknowledges that the software cannot be created completely error-free.
7.2 Rectification of defects occurs at the discretion of SendApp or through the rectification of the defect without charge or replacement.
7.3 Cancellation by a customer for reasons of refusal to grant contractual use is only permitted if SendApp has had sufficient opportunity to rectify the defect and has failed to do so.
7.4 SendApp does not guarantee Internet access for the customer or its end customer, particularly the availability and scope of Internet access. The customer is responsible for Internet access at the time of service transfer.
7.5 The SendApp license is lifetime and can be used on any computer, but not simultaneously. You can transfer the license unlimited times. If your computer malfunctions and the license transfer is not possible, you can request a reset by emailing info@sendapp.cloud.
8. RESPONSIBILITY
8.1 In the event of breaches of material contractual obligations caused by negligence, SendApp's liability is limited to reasonably foreseeable contractual damages. Material contractual obligations are those duties whose fulfillment primarily enables the proper execution of a contract and on whose compliance the parties to a contract can generally rely.
8.2 Liability under the Product Liability Act remains unaffected.
8.3 Except as specifically provided in these terms and conditions, SendApp shall have no liability whatsoever.
8.4 The statutory limitation period for claims for damages by customers against SendApp is one year.
9. DATA PRIVACY PROTECTION
9.1 SendApp expressly informs the customer that the protection of data confidentiality and data security during data transmission cannot be guaranteed with the current state of technology on open networks such as the Internet. SendApp has taken all legally compliant technical and organizational measures to protect all personal data stored by SendApp from misuse and unauthorized access. However, particularly through data transmission over the Internet, third parties are beyond SendApp's scope of responsibility and may be able to monitor unauthorized communication traffic.
9.2 The customer is responsible for safeguarding the end customer's privacy-compliant use of SendApp.
10. TERM OF THE CONTRACT; TERMINATION OF ACCESS
10.1 The customer is authorized to use the platform for the duration of the contract. The contract term begins on the assignment date.
10.2 Unless otherwise agreed, the minimum contract term is one year. The license agreement automatically renews for another year after the minimum contract term expires. The right of termination without notice, as expressly permitted in these terms and conditions, remains unaffected.
10.3 SendApp has the right to terminate the agreement without notice for cause, in particular in the following cases: (i) the customer becomes insolvent or over-indebted; (ii) a petition is filed to open insolvency proceedings against the customer's assets, or (iii) the customer defaults on the payment of an agreed amount or a significant portion thereof within two consecutive months or, for a period of more than two months, defaults on the payment of the contractual amount by an amount equivalent to two consecutive months' payments.
10.4 After termination of the contract term, the customer will no longer be able to access the platform and the media content—subject to a contract extension or new termination of a user agreement—and the media content will be deleted from the platform by SendApp. The media content stored on the platform by the customer, along with all personal data for which the customer is the data controller, will be deleted by SendApp one month after termination of the contract.
11. CONFIDENTIALITY
11.1 The parties undertake not to make confidential information accessible to third parties during and for a period of two years from the conclusion of the contract and not to use the confidential information for purposes that do not fulfill the purpose of the contract. Confidential information includes (i) all information relating to the payment agreed between the parties, (ii) all information regarding the duration of the contract, (iii) all technical information and know-how made accessible to the customer, as well as (iv) any other information that has been marked as confidential by one of the parties or can, due to its content, reasonably be considered confidential.
11.2 The confidentiality obligations do not apply to information that has been publicly disclosed or made publicly known to both parties, or that must be made accessible to third parties due to legal, judicial, or governmental regulations.
12. CHANGES TO TERMS AND CONDITIONS
12.1 SendApp reserves the right to modify the services provided, as well as the terms and conditions, to the extent that changes are necessary to reflect changes that were not foreseeable at the time of ordering and whose non-compliance would affect the contractual balance between SendApp and the customer, especially to the extent that SendApp (i) is obliged to establish a consensus between the service and the applicable law, especially in the event of changes to the actual legal status; and/or (ii) thus comply with a final verdict or judgment of the authorities against SendApp, and/or (iii) must adapt the platform due to mandatory technical requests on the part of SendApp or another messenger.
12.2 At no time will there be a limitation on the fulfillment of SendApp's main contractual obligations during the modification of the service.
12.3 For all other cases other than those set forth in clause 12.1, SendApp will inform the customer in advance of any changes to the Terms and Conditions. Unless the customer objects to the validity of such changes within four weeks of receiving notification of the changes, the changes will be deemed accepted with effect for the future. If the customer objects to the changes, SendApp has the right to terminate the contractual relationship. In its notification, SendApp will draw the customer's attention to the effect of silence and the right of withdrawal.
12.4 Any changes to the subject matter of the contract and the main obligations that would result in a modification of the entire contract are excluded from the right of modification referred to in point 12.3. In such cases, SendApp will inform the customer of the expected changes and offer to continue the contractual relationship in accordance with the modified conditions.
13. MISCELLANEOUS
13.1 The agreements agreed between the parties, as well as these terms and conditions, are subject to the substantive law of the Republic of Italy, with the exclusion of the United Nations Convention on Contracts for the International Sale of Goods and private international law.
13.2 The exclusive jurisdiction is Naples, Italy.
13.3 In the event of any present or foreseen invalidity of one or more of these terms and conditions, the validity of the other provisions will not be affected.
13.4 Any modification of the agreements concluded between the parties and the derivation and/or modification of the conditions of use must be in written form.
13.5 The Customer may not, without the prior written approval of SendApp, permanently or temporarily transfer rights and obligations under the usage agreement to third parties.
14. Spam Policy.
14.1 The use of Sendapp for spamming purposes is strictly prohibited. Spammers violate WhatsApp rules and may result in account closure.
DISCLAIMER
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Contact information
Data Controller
SendApp
Email: info@sendapp.cloud
Removal of personal data
Email: info@sendapp.cloud