Terms of Service
Effective Date: April 7, 2026
Last Updated: April 7, 2026
These Terms of Service ("Terms") are a legal agreement between you ("Customer", "you", or "your") and Jonah and Associates Pty Ltd (ABN pending), operating as Sendmux ("Sendmux", "we", "us", or "our"), a company registered in Victoria, Australia.
By accessing or using the Sendmux platform at sendmux.ai, including our APIs, SMTP endpoints, MCP server, dashboards, and any related services (collectively, the "Service"), you agree to be bound by these Terms. If you are accepting these Terms on behalf of an organisation, you represent that you have the authority to bind that organisation.
If you do not agree to these Terms, do not use the Service.
1. What Sendmux Is
Sendmux is an intelligent email routing and orchestration platform. We route emails through email provider accounts — including your own configured providers and a default sending account we provide for onboarding convenience. Sendmux is not an email sending service. We do not originate or author email content. You are responsible for the content of every email routed through our platform.
2. Accounts and Registration
2.1 Account Creation
To use the Service, you must create an account by providing accurate and complete information. You must be at least 18 years old or the age of legal majority in your jurisdiction.
2.2 Account Security
You are responsible for maintaining the confidentiality of your account credentials, API keys, and SMTP credentials. You must notify us immediately at contact@sendmux.ai if you become aware of any unauthorised use of your account.
2.3 Account Types
Sendmux offers individual and organisational accounts. Organisational accounts may have multiple users with varying permission levels. The account owner is responsible for all activity under their account, including activity by invited users and connected AI agents.
3. Use of the Service
3.1 Permitted Use
You may use the Service to route email through your own provider accounts and through the default sending account we provide. You must comply with all applicable laws, including but not limited to the Australian Spam Act 2003, CAN-SPAM Act, GDPR, and any other anti-spam or privacy legislation applicable to your jurisdiction and the jurisdiction of your email recipients.
3.2 Acceptable Use
Your use of the Service is subject to our Acceptable Use Policy, which is incorporated into these Terms by reference. Violation of the Acceptable Use Policy constitutes a breach of these Terms.
3.3 Default Sending Account
Every new tenant receives a default sending account for immediate onboarding. This account is subject to volume limits, content restrictions, and automated abuse monitoring. We may suspend or revoke access to the default sending account at any time if we detect misuse, without affecting your ability to use the Service with your own configured providers.
3.4 AI Agent Access
If you connect AI agents to the Service, you are responsible for all actions taken by those agents, including emails sent, data accessed, and any resulting consequences. You must configure appropriate permission tiers and monitor agent activity. Sendmux is not liable for any harm caused by AI agent actions performed through the Service.
3.5 API Usage
API access is subject to rate limits as documented in our developer documentation. We reserve the right to throttle or suspend API access if usage patterns negatively impact Service performance for other customers.
4. Pricing and Payment
4.1 Pricing
Current pricing is published at sendmux.ai. We may change pricing with 30 days' written notice. Price changes do not apply retroactively.
4.2 Free Tier
The free tier is subject to the limits published on our pricing page. We may modify free tier limits at any time. Free tier accounts with no activity for 90 consecutive days may be suspended.
4.3 Payment
Paid plans are billed in advance on a monthly or annual basis. Usage-based charges are billed in arrears. All payments are processed through Stripe. You agree to provide valid payment information and authorise recurring charges.
4.4 Taxes
All fees are exclusive of applicable taxes. You are responsible for paying any taxes, levies, or duties imposed by taxing authorities. We will collect taxes where legally required.
4.5 Refunds
Prepaid fees are non-refundable except where required by Australian Consumer Law. Usage-based charges are non-refundable once incurred.
4.6 Credits
Email credits purchased through the Service do not expire unless your account is terminated.
5. Email Content and Compliance
5.1 Your Responsibility
You are solely responsible for the content, legality, and appropriateness of all emails routed through the Service. This includes emails sent by AI agents operating under your account.
5.2 Compliance
You must ensure that all emails comply with applicable laws and regulations, including obtaining proper consent from recipients, honouring unsubscribe requests, and including required identification information.
5.3 Prohibited Content
You must not route emails through the Service that contain or promote illegal content, malware, phishing, fraud, or any material prohibited under our Acceptable Use Policy.
5.4 Monitoring
We do not routinely monitor the content of emails routed through the Service. However, we reserve the right to review email metadata and, in limited circumstances, email content if we have reasonable grounds to believe a violation of these Terms or applicable law has occurred.
6. Data Handling
6.1 Email Data
Sendmux temporarily queues email messages during the routing and delivery process. Once delivery is completed or retry attempts are exhausted, email body content is deleted from our systems. We retain email metadata (sender, recipient, subject line, timestamps, delivery status, provider used) for the purposes of providing delivery logs, analytics, and Service operation.
6.2 Mailbox Data
For customers using mailbox features, we store incoming email content, metadata, labels, folder organisation, and related data as necessary to provide the mailbox service. This data is stored on infrastructure located in the European Union (Hetzner).
6.3 Data Processing
Our handling of personal data is governed by our Privacy Policy and, where applicable, our Data Processing Agreement. Both are incorporated into these Terms by reference.
7. Provider Accounts
7.1 Your Providers
When you connect your own email provider accounts (such as SendGrid, Amazon SES, Gmail, or Microsoft 365), you are responsible for maintaining those accounts and complying with those providers' terms of service. Sendmux stores your provider credentials in encrypted form (AES-256-GCM) and uses them solely to route emails on your behalf.
7.2 Provider Availability
Sendmux does not guarantee the availability or performance of third-party email providers. Our failover and routing features are designed to mitigate provider outages but cannot eliminate them entirely.
8. Service Availability
8.1 Uptime
We use commercially reasonable efforts to maintain high availability of the Service. We do not currently offer a formal Service Level Agreement (SLA) unless separately agreed in writing for Enterprise customers.
8.2 Maintenance
We may perform scheduled maintenance with reasonable advance notice. Emergency maintenance may be performed without notice when necessary to protect the Service or its users.
8.3 Modifications
We may modify, update, or discontinue features of the Service at any time. We will provide reasonable notice of material changes.
9. Intellectual Property
9.1 Our Property
The Service, including its routing algorithms, dashboards, APIs, documentation, and all associated intellectual property, is owned by Jonah and Associates Pty Ltd. These Terms do not grant you any rights to our intellectual property beyond the limited right to use the Service as described herein.
9.2 Your Property
You retain all rights to your email content, provider configurations, and data. You grant us a limited licence to process this data solely to provide the Service.
9.3 Feedback
Any feedback, suggestions, or ideas you provide about the Service may be used by us without obligation or compensation to you.
10. Limitation of Liability
10.1 Exclusion of Consequential Damages
To the maximum extent permitted by law, Sendmux is not 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 from your use of the Service.
10.2 Liability Cap
Our total aggregate liability for all claims arising from or relating to these Terms or the Service is limited to the greater of (a) the fees you paid to Sendmux in the 12 months preceding the claim, or (b) AUD $100.
10.3 Australian Consumer Law
Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy conferred by the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010) that cannot be excluded, restricted, or modified by agreement.
11. Indemnification
You agree to indemnify and hold harmless Sendmux, its officers, directors, employees, and agents from any claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising from:
- Your use of the Service
- Your email content
- Your breach of these Terms or applicable law
- Actions taken by AI agents operating under your account
- Your violation of any third party's rights
12. Suspension and Termination
12.1 By You
You may terminate your account at any time by contacting us at contact@sendmux.ai or through the dashboard. Termination does not entitle you to a refund of prepaid fees.
12.2 By Us
We may suspend or terminate your account immediately if:
- You breach these Terms or the Acceptable Use Policy
- Your use of the Service poses a security risk
- We are required to do so by law
- Your account has been inactive for 12 consecutive months (free tier)
- You fail to pay outstanding fees after 14 days' notice
12.3 Effect of Termination
Upon termination, your right to use the Service ceases. We will delete your data within 30 days of termination, except where retention is required by law or necessary for legitimate business purposes (such as billing records).
13. Dispute Resolution
13.1 Governing Law
These Terms are governed by the laws of the State of Victoria, Australia.
13.2 Jurisdiction
Any disputes arising from these Terms will be subject to the exclusive jurisdiction of the courts of Victoria, Australia.
13.3 Informal Resolution
Before initiating formal proceedings, you agree to contact us at contact@sendmux.ai to attempt to resolve the dispute informally. We will make reasonable efforts to resolve disputes within 30 days.
14. General Provisions
14.1 Entire Agreement
These Terms, together with the Privacy Policy, Acceptable Use Policy, and Data Processing Agreement, constitute the entire agreement between you and Sendmux regarding the Service.
14.2 Amendments
We may update these Terms from time to time. We will notify you of material changes by email or through the Service at least 30 days before the changes take effect. Continued use of the Service after changes take effect constitutes acceptance.
14.3 Severability
If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.
14.4 Assignment
You may not assign or transfer these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets.
14.5 Waiver
Failure to enforce any provision of these Terms does not constitute a waiver of that provision.
14.6 Force Majeure
Sendmux is not liable for any failure or delay in performance resulting from circumstances beyond our reasonable control, including natural disasters, war, terrorism, pandemics, government actions, or failures of third-party services.
15. Contact
For questions about these Terms, contact us at:
Jonah and Associates Pty Ltd
Trading as Sendmux
Email: contact@sendmux.ai
Website: sendmux.ai