Terms of Service

1. Definitions

• "Services" - the eSMS Africa SMS platform, REST API, SMPP gateway, web dashboard, and related features
• "Customer" - the legal entity or individual accepting these terms
• "Messages" - SMS messages transmitted through our platform
• "Credits" - pre-purchased balance used to pay for message delivery
• "API Key" - authentication credentials issued to Customer for programmatic access

2. Services

eSMS Africa provides SMS messaging infrastructure across Africa, including bulk SMS delivery to 28+ countries, OTP and transactional APIs, SMPP gateway connectivity, and delivery analytics. Services are provided on an "as-is" basis. We reserve the right to modify or discontinue features with reasonable notice, except where urgent security or legal requirements demand immediate action.

3. Service Level

We target 99.9% platform availability monthly, excluding scheduled maintenance windows announced at least 24 hours in advance. Delivery rates depend on destination operator conditions outside our control. We do not guarantee delivery of any individual message.

4. Customer Obligations

You agree to use the services lawfully, obtain all required recipient consents, not send spam or prohibited content, keep credentials confidential, promptly report unauthorised account use, and comply with sender ID registration requirements where applicable. You are solely responsible for message content sent through your account.

5. Fees & Billing

Services are billed on a pre-paid credit basis, deducted per message segment at applicable route rates. Credits are non-refundable except where required by law or where we fail to deliver services as contracted. You are responsible for applicable taxes. We will provide 30 days' notice of pricing changes.

6. Intellectual Property

eSMS Africa retains all rights to the platform, APIs, documentation, and technology. You receive a limited, non-exclusive, non-transferable licence to use the services for your business purposes. You retain ownership of your data and message content; you grant us a limited licence to process this data solely to deliver the services.

7. Data Protection

We process personal data in accordance with our Privacy Policy. For customers subject to GDPR or similar frameworks, we act as a data processor for message data and will enter into a Data Processing Agreement upon request.

8. Confidentiality

Each party will keep the other's confidential information (including pricing, technical specifications, and business information) confidential and not disclose it without prior written consent, except as required by law.

9. Limitation of Liability

To the maximum extent permitted by law, eSMS Africa's total liability for any claim shall not exceed amounts paid by you in the 3 months preceding the claim. We are not liable for indirect, incidental, consequential, or punitive damages, or for undelivered messages due to operator conditions outside our control. Nothing here limits liability for fraud, wilful misconduct, or death/personal injury caused by negligence.

10. Indemnification

You agree to indemnify and hold harmless eSMS Africa from any claims, losses, or expenses arising from your use of the services, violation of these terms, message content, or violation of any third party's rights.

11. Termination

Either party may terminate at any time by closing the account. We may suspend or terminate immediately for breach of these terms, fraudulent activity, or legal risk. On termination, unused credits may be refunded at our discretion subject to outstanding obligations.

12. Governing Law

These terms are governed by the laws of Kenya. Disputes shall be subject to the exclusive jurisdiction of the courts of Nairobi, Kenya, unless otherwise agreed in writing.

13. Force Majeure

Neither party is liable for failure caused by events beyond reasonable control, including natural disasters, war, government actions, power failures, internet disruptions, or operator network outages.

14. General

These terms constitute the entire agreement between the parties. If any provision is found unenforceable, the remaining provisions remain in effect. Failure to enforce any right is not a waiver of that right. You may not assign these terms without our prior written consent.

15. Contact & Notices