By using SendME (sendme123.com) you agree to these T&C. The service is 100% cloud (SaaS) and self-managed.
By registering, accessing, or using the SendME Platform (web, API, SDK, integrations, and associated services), you agree to these Terms and Conditions. If you use SendME on behalf of a company, you declare that you are authorized to bind it and accept these T&C on its behalf.
Use of the SendME platform ('sendme123.com', 'we', or the 'Platform') constitutes full acceptance of these T&C and the Privacy Policy. Acceptance is deemed given when the user/client (the 'Client') (i) checks the acceptance boxes during registration, (ii) continues using the service, or (iii) integrates our APIs.
The Privacy Policy published on our website (hereinafter the 'Privacy Policy') is part of this contract with the same scope and binding effect as these T&C. Any reference to the 'Agreement' includes these T&C, the Privacy Policy, and the Data Processing Addendum (DPA) when applicable.
The Client declares that they have read and understood the Privacy Policy available on our website and agrees to communicate it to their end users when applicable.
SendME software, APIs, dashboard, SDK, and messaging/automation services.
Natural or legal person who contracts or uses our services.
Holder of the phone number or email to which a message is addressed.
Data, lists, texts, creatives, campaign parameters, and any information uploaded or generated by the Client using the Platform.
Prior, express, and informed authorization obtained by the Client from the Recipient.
A free and simple mechanism to stop receiving communications.
Registry of Excluded Numbers (Law 2300/2023) applicable in Colombia.
Jurisdictions where the Client's communications are received.
Contractual Data Processing Addendum between the Client (Controller) and ALTERNA S.A.S. (Processor).
sendme123.com and all its subdomains (e.g., app.sendme123.com, api.sendme123.com, docs.sendme123.com). Any service offered outside these domains is not official.
Document published by ALTERNA S.A.S. regulating personal data processing, data subject rights, purposes, transfers, and other aspects required by Colombian law.
Third parties hired by ALTERNA S.A.S. to support data processing, including cloud and messaging providers.
NIT 901.307.127‑4, company responsible for operating SendME. Bogotá D.C., Colombia
+57 333 602 7000
SendME services are provided only through sendme123.com and all its authorized subdomains.
Cloud (SaaS) self-managed service. Support is provided exclusively through remote channels (email and help desk). No on-site service or implementations are offered.
ALTERNA S.A.S. acts as Processor and the Client as Controller, in accordance with Law 1581 of 2012 and complementary regulations.
SendME provides a SaaS platform for managing and orchestrating communications, campaigns, and transactional or commercial notifications, including segmentation tools, templates, reports, and APIs. SendME offers, as software as a service (SaaS), tools for mass and automated sending of SMS, email, and WhatsApp Business via APIs and web applications.
The Client configures, uploads content, defines audiences, templates, and automation rules. ALTERNA S.A.S. does not execute campaigns on behalf of the Client nor contacts Recipients directly.
The service is provided 'as is', without guarantee of permanent availability or 100% delivery. Delivery times and success depend on third parties (mobile operators, ISPs/ESPs, mail servers, and WhatsApp network/policies).
The Platform provides segmentation, scheduling, templates, and opt-out mechanisms. Regulatory compliance (including the destination country law) depends on the Client’s configuration, content, and databases.
The Client is responsible for the accuracy of registration information, the security of their credentials, and account use. Any unauthorized use must be reported immediately. SendME may suspend accounts in case of reasonable risk of fraud, legal noncompliance, or violation of these T&C.
Charges will be calculated based on the contracted plan and actual usage. Prices exclude taxes; the Client is responsible for applicable taxes. Invoices are issued electronically to the billing data provided by the Client. Non-payment authorizes SendME to suspend or terminate the service without prejudice to collecting outstanding balances.
When the contract is concluded with Consumers via non-traditional or remote channels, the Consumer may exercise the right of withdrawal within five (5) business days following contract execution, provided the service has not yet commenced or a legal exception exists. Once exercised, the contract will be terminated, and amounts paid will be refunded according to law.
T&C and fees may be modified at any time and take effect once published on our website. Continued use implies acceptance of changes. WhatsApp and SMS fees are subject to third-party adjustments (Meta and mobile operators). For ALTERNA S.A.S.’s own pricing, reasonable prior notice will be provided. Taxes and withholdings will be applied according to law. The Privacy Policy may be updated to reflect regulatory, technical, or operational changes. Material changes will be communicated via usual Platform channels and/or email. Continued use after publication constitutes acceptance of the updated Privacy Policy.
It is prohibited to use the Platform for: (i) illegal, misleading, discriminatory content or content that infringes third-party rights; (ii) sending spam; (iii) affecting the stability or security of the Platform; (iv) attempting reverse engineering or unauthorized load/penetration testing.
The Client must have prior, express, and informed authorization from the Recipient and retain verifiable evidence of consent and channel/time preferences; this evidence must be provided upon request by ALTERNA S.A.S. or authorities. Where relevant, the Client declares that obtained consent covers the delegation to ALTERNA S.A.S., including any necessary international transfers and transmissions for service provision.
The Client must ensure that all communications sent through the Platform comply with applicable laws in the message destination country and, when applicable, in Colombia, applying the stricter rule in case of divergence. The Platform allows setting limits for schedule and frequency to facilitate compliance; however, configuring, verifying, and observing these limits is entirely the Client's responsibility. Messages scheduled outside permitted limits will not be retained or automatically rescheduled by ALTERNA S.A.S. For communications sent to recipients in Colombia, the Client declares and agrees to: (a) consult and respect the Registry of Excluded Numbers (RNE) before each campaign; (b) manage and honor recipients’ consent and opt-out requests; (c) respect legally permitted schedules (Monday–Friday 07:00–19:00; Saturday 08:00–15:00; no contact on Sundays or holidays) and frequency rules established by law; (d) maintain verifiable evidence of RNE consultations, consent, and preferences; and (e) hold SendME harmless from sanctions and claims arising from non-compliance.
It is prohibited to send illegal, fraudulent, malicious, misleading, offensive, hate/violence/discrimination-inciting, or filter-evasion content; messages regarding drugs, prescription medications, tobacco or alcohol, weapons or ammunition, adult or gambling services, real or virtual currencies, live animals, body parts, or any content restricted by WhatsApp Business policies or destination country law. The Client will implement age verification controls when the product/service is regulated.
Sending unsolicited messages (spam), snowshoeing, phishing, social engineering (real or simulated), malware injection, impersonation, spoofing, cloaking, or any practice intended to bypass filters or affect deliverability is prohibited.
The Client is solely responsible for verifying, understanding, and complying with applicable laws and regulations in each destination country or territory (telecommunications, consumer protection, advertising, anti-spam, privacy, messaging, and email) and maintaining evidence of compliance. ALTERNA S.A.S. does not provide legal advice for other jurisdictions, does not guarantee compliance in destination countries, and assumes no liability for sanctions, blocks, or restrictions arising from the Client’s non-compliance; the Client will indemnify ALTERNA S.A.S. for related claims.
The Client will hold ALTERNA S.A.S. harmless against any investigation, claim, administrative sanction, fine, penalty, or expense (including professional fees) arising from (i) sending communications in violation of applicable law, or (ii) incorrect configuration or misuse of the Platform by the Client or its agents. ALTERNA S.A.S. has no obligation to monitor or validate regulatory compliance of Client messages nor provide legal advice on such matters.
The processing performed by ALTERNA S.A.S. is governed by the Privacy Policy, which is an integral part of these T&C. The Privacy Policy regulates, among other things, (i) processing purposes, (ii) data subject rights, (iii) inquiry and complaint channels, (iv) security measures, (v) international transfers and transmissions, and (vi) retention periods.
The Client acts as Controller and ALTERNA S.A.S. as Processor of Recipients’ personal data. Each party will comply with Law 1581 of 2012 and complementary regulations. The Client declares it has a legal basis to provide personal data to ALTERNA S.A.S. and to carry out communications.
The Client authorizes ALTERNA S.A.S. to contract Sub-processors and perform transmissions and, where applicable, international transfers strictly necessary to provide the service (e.g., cloud providers, SMS/email routing, WhatsApp APIs). ALTERNA S.A.S. will contractually oblige Sub-processors to meet equivalent security and confidentiality standards. The Client guarantees that consent obtained from Recipients covers these operations and, when required, complies with Law 1581 and regulatory provisions regarding transfers to countries without adequate protection.
The Client will retain verifiable proof of consent, channel/time preferences, and opt-out records for the time necessary to defend claims, and provide it upon request by ALTERNA S.A.S. or authorities.
ALTERNA S.A.S. implements reasonable technical and organizational measures to protect information, as described in the Privacy Policy. The Client is responsible for its own logical security (access management, API keys, webhooks) and for instructing ALTERNA S.A.S. legally and documented.
Each party will collaborate to address data subject requests (access, correction, deletion, revocation) within legal deadlines. The Client, as Controller, will process requests received and may request support from the Processor for operations conducted on the Platform.
Upon service termination or Client instruction, ALTERNA S.A.S. will delete or return personal data processed as Processor, except for minimum information and logs required for legal evidence, auditing, and compliance, in accordance with the Privacy Policy.
The Client releases and indemnifies ALTERNA S.A.S. from sanctions, damages, or claims arising from its role as data Controller when they result from the Client’s non-compliance. ALTERNA S.A.S. will be liable exclusively for its own breaches as Data Processor.
SendME (software, interfaces, documentation, trademarks, and logos) is owned by ALTERNA S.A.S. The Client is granted a limited, non-exclusive, non-transferable, and revocable license to use the Platform during the term of the contract. The Client retains ownership of its Content and grants SendME, for the duration of the contract, a non-exclusive license to host, reproduce, transmit, and process such Content solely to provide the service and comply with legal obligations. Decompiling, reverse engineering, sublicensing, or transferring the license is prohibited.
SendME will strive to maintain high levels of availability. However, scheduled maintenance and updates may occur. SendME does not guarantee uninterrupted availability and will not be liable for unavailability caused by third parties, force majeure, the Internet, telecom providers, or Client breaches.
We send messages as requested by the Client, using operators' infrastructure, email servers, and official WhatsApp APIs. We do not guarantee delivery of every message or the success of campaigns.
We may audit usage to detect spam, fraud, or violations and request proof of consent. We may suspend or cancel accounts, templates, or campaigns that violate these T&C, channel policies, or the law, including the Privacy Policy.
We perform scheduled maintenance and strive to communicate incidents in advance. Support is provided through designated channels. Reasonable technical and organizational measures are implemented to protect information.
The Client acknowledges and accepts that third parties such as Meta/WhatsApp, mobile operators, ISPs/ESPs, anti-spam lists, email and gateway providers, as well as authorities and messaging platforms, may block, suspend, limit, or degrade senders, numbers, templates, domains, IPs, or Client accounts, or reject messages/campaigns due to policies, reputation, complaints, bounce/opt-out rates, content, volume, poor authentication (e.g., SPF/DKIM/DMARC), or regulatory compliance. These events are the Client’s sole risk and do not constitute a breach by ALTERNA S.A.S., nor entitle the Client to refunds, compensation, or indemnity. The Client assumes full responsibility and will hold ALTERNA S.A.S. harmless for any associated consequences.
SendME is a SaaS service. ALTERNA S.A.S. does not act as an advertising agency, call center, collection BPO, intermediary, or representative of the Client before Recipients or authorities. It does not create, edit, or approve Client content, decide audiences, contact Recipients on behalf of the Client, or assume legal advisory obligations. All interactions with Recipients are initiated and controlled by the Client via the Platform and/or APIs.
The Client may enable automations (events, flows, webhooks, integrations) that trigger messages without manual intervention. Such actions are considered Client instructions to the Processor and are executed under the Client's sole responsibility, who must verify regulatory and channel policy compliance.
Rates are set per plan and message volume (SMS, emails, and WhatsApp). Top-ups and balances are non-refundable, except as required by law. Price changes from third parties (Meta/operators) will be passed to the Client. Applicable taxes will be invoiced according to regulations. The Client must maintain accurate billing information and pay on time; late payments may incur interest and service suspension.
No refunds of balances or payments are granted, except as required by law. ALTERNA S.A.S.'s total liability to the Client will not exceed the amount paid for the service in the three (3) months prior to the triggering event. ALTERNA S.A.S. is not liable for indirect damages, data loss, or lost profits. This limitation does not apply in cases of fraud or gross negligence by ALTERNA S.A.S., nor where prohibited by law.
ALTERNA S.A.S. may suspend or terminate the service for: (i) non-payment; (ii) violation of these T&C or the law; (iii) fraud or security risks. The Client may terminate at any time with written notice, without prejudice to incurred charges. Upon termination, SendME will provide data export in accordance with the Privacy Policy and DPA and will proceed with deletion or anonymization according to law. At termination, ALTERNA S.A.S. will delete or anonymize personal data, retaining minimal information and logs necessary for evidence, auditing, and legal compliance.
Each party agrees to maintain the confidentiality of non-public information received from the other, use it only for the contractual relationship, and protect it with reasonable standards. There is no obligation regarding information that is: (i) public; (ii) previously known legitimately; (iii) independently developed; or (iv) disclosed by legal or regulatory mandate.
These T&C are governed by the laws of the Republic of Colombia. Any dispute will be submitted to the courts of Bogotá D.C., Colombia.
Communications sent to the registered emails of each party and messages displayed on the platform are valid. Changes to notification information must be reported in writing.
In case of conflict between these T&C and the Privacy Policy solely regarding personal data processing, the Privacy Policy will prevail. If a DPA/Processing Addendum is executed with the Client, the DPA will prevail over the Privacy Policy and T&C concerning processing.
If any provision is declared invalid or unenforceable, the remaining provisions will retain their binding force.