SendApp Privacy Policy

Corporate domains and subdomains

This Privacy Policy applies to all sites and subdomains owned by
of Everysoft srls, including:

https://sendapp.live
https://sendapp.cloud
https://sendapp.ai
https://sendapp.eu
https://sendapp.me
https://sendapp.life
https://sendapp.in
and related subdomains.

Collection and purpose of processing

SendApp collects some personal data from its Users for the following purposes:

Contact the User

Mailing list or newsletter
Personal data: name; email; telephone number

Manage contacts and send messages

E-mail
Personal data: cookies; usage data; email address

SMS
Personal data: cookies; usage data; telephone number

Management of activity data

Activity data tracked by the 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 external social networks and platforms

Facebook Like button and social widgets
Tweet button and Twitter social widgets
Google+ +1 button and social widgets (service no longer active)
Personal data: cookies; usage data

Statistics

Google Analytics with anonymized IP
Google Analytics
Google Tag Manager
Mixpanel
Personal data: cookies; usage data

Facebook Analytics for Apps

Personal data: usage data; various types of data as specified in the service's privacy policy

More information about 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 EU Regulation 679/2016 (GDPR) and applicable Italian law.

Sharing and Disclosure of Google User Data

SendApp does not sell, share, or transfer personal data to third parties, except in the following cases:

with authorized service providers (hosting, technical support, marketing services and data analysis), bound by strict confidentiality agreements;
to comply with legal obligations or requests from authorities;
to protect the rights and safety of users, detect and prevent fraud or technical problems.

Data retention and deletion

SendApp retains Google users' personal data only for as long as necessary to provide the requested services.
Data is deleted:

upon user request;
or after 2 years of inactivity.

SendApp takes appropriate technical measures to ensure secure deletion and de-identification of personal data no longer needed.

Scopes of OAuth

The scopes used by SendApp to access Google data are listed in our OAuth consent interface and exactly match those configured in the Google Cloud Console.

Relationships with messaging platforms

SendApp.live is the developer and exclusive owner of the rights to use the SendApp digital platform (“Company” and “Platform”), which allows the distribution of digital content via channels 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 regarding the provision of services by SendApp to its customers. SendApp requires the services of the messaging platforms to deliver its services to its customers. Therefore, changes by these messaging platforms may affect SendApp's services. SendApp has no influence on the provision of services by the messaging platforms or their technical configuration.

This means that a situation may arise where SendApp is only able to provide its services to customers to a limited extent or not at all. In such circumstances, SendApp reserves the right of exceptional termination.

Standalone software

SendApp is a standalone software for Windows and Mac. All data is stored exclusively on the computer you use and is never transmitted to or accessible from our (and/or third-party) servers or other online systems. SendApp therefore has no access to and/or responsibility for your data.

SendApp Terms and Conditions

SendApp.live is the developer and owner of the exclusive right to use the SendApp digital publishing platform (“Company” and “Platform”), which enables 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 particular contractual relationships between SendApp and messaging platforms relating to the provision of services by SendApp to its customers.

SendApp requires messaging platform services to deliver its services to customers.

Therefore, changes by these messaging platforms could affect SendApp 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 customers to a limited extent or not at all. In such circumstances, SendApp has an exceptional right of withdrawal.

1. Range of application; not for individual consumer 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 Customer is able to configure and manage digital media 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 a technical infrastructure. SendApp will 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 messaging platform service like WhatsApp but has no influence on their technical and contractual configuration or on the scope of the services provided by these messaging platforms. The messaging platforms can at any time modify or even terminate their scope of services which can therefore impede SendApp operations.
2.7 The parties agree that service restrictions caused by changes made by messaging platforms may result in SendApp modifying the services or terminating such services. SendApp has the exceptional right to terminate in this particular case. Upon termination, SendApp will be released from its contractual obligations to the customer.
2.8 The corresponding communication with the recipients is the responsibility of the customer and not of SendApp. 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 fulfilling 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 features of the Platform for which the Customer does not have 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 otherwise investigate the functions of the Platform's source code.

4. Support services

4.1 SendApp provides some free support services to its customers.
4.2 Other support services requested by the customer will be invoiced by SendApp to the customer on a time and material basis. These include consulting services and specific 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 the payment details appearing in the individual customer's SendApp account.
5.2 SendApp may change its prices 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 made available via the customer's SendApp login.
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 is valid only to the extent that the counterclaims are undisputed or established as final and absolute.
5.7 The client's legal claims remain unaffected if they are invoked 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 purchasing, you can download demo versions for evaluation purposes.

6. Customer's obligation to cooperate; 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, use 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 contents in order to grant SendApp the rights specified above, (ii) that he/she has the right to freely dispose of such contents and (iii) that the contents are not encumbered by third party rights.
6.4 The customer undertakes not to save on SendApp's servers, and/or not to request SendApp to save, illegal content or content that violates the law or licensing requirements and orders, in particular content that promotes violence, is unconstitutional or pornographic.
6.5 Without prejudice to any other rights, the customer shall indemnify SendApp against any liability to third parties, including reasonable legal fees, if it breaches the warranties and undertakings set forth in this clause 6., provided that SendApp shall inform the customer of any third party claims.
6.6 SendApp 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 it after request.
6.7 The customer acknowledges that SendApp does not generate separate backup copies of the content and will delete the 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.

7. Warranty

7.1 The Italian Civil Code applies to defects in the platform. Liability, regardless of negligence or fault, is excluded for initial defects. Liability for SendApp's fault is not excluded. The customer acknowledges that the software cannot be created completely error-free.
7.2 Defects will be rectified at SendApp's discretion, free of charge, or by replacement.
7.3 Cancellation by the customer due to 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 customers. 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. The license can be transferred indefinitely. In the event of a computer malfunction and the transfer is not possible, you can request a reset by writing to info@sendapp.live.

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.
8.2 Liability under the Product Liability Act remains unaffected.
8.3 Unless otherwise specified, any further liability of SendApp is excluded.
8.4 The statute of limitations for claims for damages by customers against SendApp is one year.

9. Data privacy protection

9.1 SendApp points out that the confidentiality and security of data transmitted over open networks such as the Internet cannot be fully guaranteed under current technology. SendApp adopts legally compliant technical and organizational measures to protect stored personal data from misuse and unauthorized access; however, during Internet transmission, third parties may monitor traffic without authorization.
9.2 The customer is responsible for ensuring that end customers use SendApp in a privacy-compliant manner.

10. Term of the contract; termination of access

10.1 The customer is authorized to use the platform for the duration of the contract, which begins on the date of assignment.
10.2 Unless otherwise agreed, the minimum contract duration is one year, with automatic renewal for another year.
10.3 SendApp may terminate without notice for just cause, in particular in the event of customer insolvency or serious default on payments as described.
10.4 After termination, the customer will not be able to access the platform and its contents; the contents and personal data owned by the customer will be deleted by SendApp one month after termination.

11. Confidentiality

11.1 The parties undertake not to disclose confidential information during the contract and for 2 years thereafter and not to use it for purposes other than the agreement.
11.2 The obligations do not apply to information that is already public or that must be disclosed due to legal/authority obligations.

12. Changes to Terms and Conditions

12.1 SendApp may modify services and terms to reflect necessary changes (law, court rulings, technical requirements).
12.2 There will be no limitation of the principal obligations during the changes.
12.3 In other cases, the customer will be informed; in the absence of opposition within 4 weeks, the changes are considered accepted.
12.4 Changes to the main subject matter of the contract follow the specified procedure.

13. Miscellaneous

13.1 Applicable law: Italian; excluding the Vienna Convention.
13.2 Competent court: Naples, Italy.
13.3 The invalidity of any individual clause does not affect the validity of the remaining clauses.
13.4 Changes to the agreements must be in writing.
13.5 The customer may not assign rights/obligations without the written approval of SendApp.

14. Spam Rules

14.1 Using SendApp for spam is strictly prohibited; spamming violates WhatsApp rules, which may result in account termination.

DISCLAIMER

LIABILITY DISCLAIMER OF THE WEBSITE

The information on this site is for informational purposes only.

The information is provided by SendApp, which is not affiliated with WhatsApp Inc., and while we strive to keep it up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability, or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose.

Any reliance you place on such information is therefore at your own risk.

All content provided on this website is for entertainment purposes only. The owners of this page make no representations regarding the accuracy or completeness of any information on this site or found by following any links on this site. The owners will not be responsible for any errors or omissions in this information, nor for the availability of this information. The owners will not be liable for any loss, injury, or damage resulting from the display or use of this information.

In no event will we be liable for any loss or damage including, without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website.

Through this website, you may be able to link to other sites that are not under the control of SendApp. We have no control over the nature, content, and availability of these sites. The inclusion of any link does not necessarily imply a recommendation or endorsement of the views expressed within them.

We are not affiliated, associated, authorized, endorsed, or in any way officially connected with WhatsApp Inc., its affiliates, Facebook Inc., any other company, Android, Apple Inc., or Microsoft due to our trademark. All other trademarks are the property of their respective owners.

Every effort is made to keep the website up and running smoothly. However, SendApp assumes no responsibility and will not be liable for the website being temporarily unavailable due to technical issues beyond our control.

contact info

Everysoft srls
E-mail: info@everysoft.me

Data controller
Everysoft srls – Via GB Salle, 2 – Italy
E-mail: info@everysoft.me

Removing personal data
To exercise your data protection rights or request the deletion of your personal data, you can contact us at the addresses above.
Removal Request